Domestic Violence Defense Attorneys in Covington
Accused of Domestic Violence? Contact Our Greater Cincinnati & Northern Kentucky Domestic Violence Defense Attorneys
Under Kentucky law, domestic violence is defined as physical injury, stalking, assault, strangulation, sexual abuse, or the infliction of fear or imminent physical injury, sexual abuse, strangulation, or assault between family members, or an unmarried couple. Domestic violence is a very serious matter. Unfortunately, in some cases, a person is arrested by the police who might not have been the aggressor in the situation, or an individual makes false accusations of domestic violence. Having strong Covington domestic violence defense attorneys by your side following such accusations can make a huge difference in the outcome of domestic violence charges.
According to the National Coalition Against Domestic Violence, about 45.3 percent of Kentucky women and 35.5 percent of Kentucky men have experienced intimate partner physical violence in their lifetime. In 2018, domestic violence accounted for twenty percent of all violent crimes, and an abuser’s access to firearms increases the risk of intimate partner homicide by five times. Family members include spouses, grandparents, parents, children, stepchildren, or anyone living in the same household.
While domestic abuse victims are generally women, they can also include elderly family members, children, and men. There can be far-reaching repercussions for those convicted of domestic violence. Having experienced domestic violence defense attorneys from Adams Law by your side following charges of domestic violence is the right course of action.
Covington Domestic Violence Defense Attorneys Remind Those Accused—You Have Rights
As you might imagine, charges of domestic violence tend to carry a certain social stigma. Those accused of domestic violence could find themselves being judged guilty in the court of public opinion apart from actual innocence or guilt. Victims of domestic violence have rights, but those accused of the offense also have rights. The crime charged must be able to be proven by the prosecutor.
The careful review of witness statements is crucial to defending charges of domestic violence, along with the police reports and all forensic evidence. A relatively benign argument among family members may have escalated, resulting in the police being called. Once the police show up, it is highly likely an arrest will be made. If you are the one being arrested, Adams Law can help unravel the charges, working to have the charges dropped or reduced whenever possible.
What are the Consequences of Domestic Violence Charges?
In some situations, the life of an innocent person—or one who made one simple mistake—can be damaged for a very long time following charges of domestic violence. A conviction for domestic violence can mean you are no longer allowed to possess a firearm or ammunition, even for hunting. You could lose your job or find it difficult to obtain new employment. You could face jail or prison time, be subject to significant fines, or be placed on probation following a domestic violence conviction. You could also face other issues while your criminal domestic violence case is pending. These issues could relate to child custody, divorce, child support, or even your ability to rent an apartment.
Beyond the immediate criminal penalties, a domestic violence conviction can affect professional licenses, security clearances, and your ability to serve in the military or law enforcement. Judges in Kenton County and throughout Northern Kentucky may also consider a history of domestic violence when making decisions in related family law cases, including parenting time and protective orders. A domestic violence attorney Covington defendants trust can help you understand how a single incident might impact different areas of your life, then work with you to develop a strategy aimed at protecting your long-term interests.
Understanding Domestic Violence Proceedings in Covington Courts
When you are arrested for domestic violence in Covington, your case will usually begin in Kenton District Court, where a judge reviews the charges, sets bond, and considers whether to issue a temporary protective order. You may also have a separate civil hearing if the alleged victim has requested an emergency protective order or domestic violence order. These hearings move quickly, and what you say on the record can affect both the criminal case and any related family law matters pending in Kenton Family Court. It is important to understand each step in the process so you do not unintentionally harm your position.
After the initial appearance, your case may be set for a pretrial conference, where the prosecutor and your attorney discuss evidence, potential motions, and any possible resolution. In some situations, your attorney may challenge how the Covington Police Department or another agency conducted the investigation, including whether there was probable cause for your arrest or problems with how statements were taken. If no agreement is reached and the evidence supports it, the case can proceed to trial, where a judge or jury will decide whether the Commonwealth has met its burden of proof.
Throughout these proceedings, a domestic violence lawyer Covington residents turn to can help you prepare for court, gather favorable witnesses, and present mitigating information that may influence how the case is charged or resolved. Your attorney can also explain how local practices in Northern Kentucky, including the use of diversion programs or anger management classes in some circumstances, might apply in your situation. Having someone who understands both the criminal process and how it intersects with protective orders and custody issues can make navigating the system less overwhelming.
Potential Defenses to Domestic Violence Charges
Although your specific defense will depend on the facts surrounding your arrest, there are some “typical” defenses to charges of domestic violence, including the following:
- Actual innocence—you did not commit the crime you are being accused of. Your attorney will seek to establish your whereabouts as well as a credible alibi.
- The alleged victim lied. A spouse or former partner could have fabricated the entire story out of revenge or spite. If this is the case, your attorney will have to show a clear motive for the lie, or perhaps even a history of lying.
- It was not domestic violence; it was an accident. As an example, perhaps your spouse, partner, or family member claims you hit them with a wrench. Perhaps you were working on your car when the wrench slipped out of your hand, striking them on the arm. Your defense is that you had no intention of hurting the other person, and it was nothing more than an accident.
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Can Domestic Violence Charges Be Dropped?
In some cases, an individual may accuse a spouse or family member of domestic violence to “get even,” thinking they will have the charges dropped later. When a person is arrested for domestic violence, the case becomes that of the state, and charges are unlikely to be dropped even if the alleged victim retracts his or her statements. Even so, the prosecutor cannot force testimony out of someone, and an uncooperative “victim” can make it more difficult for prosecutors to carry their burden of proof—resulting in charges being dropped.
Charges of domestic violence may also be dropped when there is a lack of evidence. Prosecutors require more than circumstantial evidence linking the accused to the crime; if there were no witnesses and no marks on the alleged victim’s body, the domestic violence charges might be dropped. Your domestic violence defense attorneys can immediately begin investigating the case, collecting evidence that supports your story. Your attorney can also ensure you understand your right to remain silent while educating you on your options.
In Covington and the surrounding Northern Kentucky communities, prosecutors review police reports, medical records, and any statements taken at the scene before deciding how to proceed. Even when a complaining witness refuses to cooperate, the Commonwealth’s attorney may move forward if they believe other evidence is strong enough to take the case to trial. A domestic violence lawyer Covington residents hire can evaluate how local practices in Kenton County courts may affect the likelihood of a dismissal, amendment, or diversion program in your specific situation.
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