How to Respond if You’re Accused of Domestic Violence

How to Respond if You’re Accused of Domestic Violence

Being accused of domestic violence is a serious matter that can change your life in an instant. The consequences are far-reaching, affecting your freedom, reputation and family. As an attorney with over two decades of experience, I, Scott A. Hamblin, understand the stress that comes with these charges. I am committed to providing the representation you need to defend your rights. When you are facing an accusation, your response is critical.

Here’s what you need to do:

• Immediately hire a qualified domestic violence attorney.
• Do not speak with your accuser or the police.
• Begin gathering any evidence that supports your case.
• Understand the legal process you are about to face.

My goal is to help you navigate this difficult time with a strong, strategic defense.

How Serious Are Domestic Violence Accusations?

In Missouri, a domestic violence accusation is not something to be taken lightly. These charges carry severe consequences, including imprisonment, substantial fines, the revocation of firearm ownership and a lasting criminal record. Beyond the legal consequences, a conviction can impact your employment opportunities and your child custody rights. As a former prosecutor, I have seen firsthand how these cases unfold and how vital it is to have an experienced defense attorney by your side from the very beginning. My firm is dedicated to providing quality legal representation because we know your future is on the line.

What Are the First Steps I Should Take?

Your actions immediately following an accusation are crucial. The initial hours and days can set the tone for your entire case. Here’s what you should prioritize:

• Hire a Qualified Domestic Violence Attorney: The most important step is to secure legal representation. An experienced attorney can immediately begin protecting your rights, advising you on what to say and do and building a defense strategy tailored to your situation. I have built my reputation on a willingness to fight for my clients, whether at the negotiating table or in the courtroom.
• Do Not Talk to the Accuser: Even if your intentions are good, any contact with your accuser can be used against you. Violating a no-contact order, which is often issued immediately, can lead to additional criminal charges. It is best to let all communication go through your attorney.
• Understand the Arrest Process: If you are arrested, remember your right to remain silent. Politely decline to answer any questions from law enforcement until I am present. Anything you say can and will be used to build a case against you.

How Can I Build a Strong Defense?

Every domestic violence case is unique, and a successful defense requires a thorough investigation of the facts. Once I have listened to your side of the story, we can develop a strategy based on the specific circumstances of your case. Some common defense strategies include:

• Gathering Early Evidence: Collecting evidence as soon as possible is critical. This might include text messages, emails, photos or voicemails that contradict the accuser’s claims or provide context to the situation. Witness statements from neighbors, family or friends can also be invaluable.
• Arguing Self-Defense: If you were acting to protect yourself from harm, we can build a case for self-defense. This involves demonstrating that you were not the aggressor and that your actions were a reasonable response to a threat.
• Showing False Accusations: Unfortunately, false accusations can happen, especially during contentious situations like divorces or custody battles. I will work to uncover any inconsistencies in the accuser’s story and expose any motives for making a false claim.
• Identifying a Violation of Rights: If law enforcement violated your constitutional rights during your arrest or the investigation, we can seek to have evidence suppressed. This could involve an unlawful search or being questioned without being read your rights.
• Highlighting a Lack of Evidence: The prosecution has the burden of proving your guilt beyond a reasonable doubt. If their case is built on weak or contradictory evidence, I will aggressively challenge it and fight for a dismissal or acquittal.

Protect Your Future with a Strong Defense

An accusation of domestic violence can be a profoundly unsettling experience, but you do not have to go through it alone. With more than two decades of trial experience, I am prepared to be the advocate you need. I will carefully listen to your concerns, provide a candid assessment of your case and develop a legal strategy with your specific goals in mind. If you have been accused of domestic violence, do not wait to seek help. Contact my office today for a confidential case evaluation to start building the strong defense you deserve.