Skilled Attorney Offering Services to Fargo-Moorhead Residents Facing Domestic Violence Charges

According to North Dakota state law, “domestic violence” is defined as physical violence or sexual assault, or threats of physical violence or assault by a family member. The “family members” designation can include a victim’s parent, adult child, current or former spouse, co-parent, relation by blood or marriage (such as an in-law), or a romantic partner or other person in a dating relationship.

The Potential Penalties

When a verbal argument with a family member or loved one becomes physical, you may end up facing domestic violence charges. Domestic violence is extremely serious and getting charged with it can have severe consequences in your life if you’re convicted. These consequences can start with severe supervisory restrictions on your child custody or visitation rights, full termination of your parenting rights, jail sentences of up to 5 years, and fines up to $5,000

It’s not impossible to get your domestic violence charge reduced or dismissed, but you would need the help of an extremely skilled defense attorney. There are some possible scenarios in which a domestic violence case may not be open-and-shut:

False Accusations

It’s always possible to be falsely accused of a crime. Although it makes sense to give domestic violence victims the benefit of the doubt, not all allegations of assault are valid. It’s essential that you have evidence that the accuser is motivated to falsely accuse you if you want to claim self-defense as a way to defend yourself against your domestic violence charge.

Self-Defense

There are occasions when an accuser attacks the individual who’s charged with domestic violence, and experiences harm when the accused pushes or attempts to restrain the accuser. Claiming self-defense works best when you can show the attacker started the assault and you were trying to protect yourself from harm.

Lack of Evidence

Prosecutors who pursue domestic assault convictions may not have enough evidence to see them through and enable a guilty verdict. Even if these are your circumstances, lack of evidence should never be the only defense strategy you use in court.

Getting Legal Help and Resources

Because some domestic violence cases may not be cut-and-dry, or the events leading to the violence aren’t always clear, it’s advisable to retain the service and guidance of a defense attorney if you are certain that you’re not guilty.

All domestic violence victims in the Fargo-Moorhead metro area deserve access to resources that can help. Call the Rape and Abuse Crisis Center at (701) 293-7273 or YWCA Cass Clay at (701) 232-3449

O’Day Law Office, PC has offered attorney services to Fargo-Moorhead metro area clients on their criminal cases—including domestic violence charges—for over 24 years. Call our office at (701) 298-9326 for a free consultation.