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Charged With Domestic Violence

 

In New Hampshire, domestic violence law protects victims from the criminal acts of a family member, household member, or a current or former sexual partner.

New Hampshire Domestic Violence Law: Consequences of a Conviction

Domestic violence cases are taken very seriously and can result in stiff penalties. Those charged with domestic violence face consequences that include probation and the possibility of jail or imprisonment. Additionally, courts often impose mandatory counseling, which is time consuming and can be very costly.

After a domestic violence arrest, courts can also impose a “no contact” bail condition. This condition prevents the defendant from contacting or speaking to the alleged victim or family members, and prevents the defendant from returning to the residence.

Under federal law, people actually convicted of domestic violence crimes will be prohibited from possessing firearms. A conviction may also affect employment status at jobs where background checks are regularly conducted, and child custody arrangements.

As a result of the severe domestic violence penalties, charges for domestic violence must be taken seriously. If you have been charged with domestic violence, you need a qualified and experienced NH domestic violence lawyer . Attorney Russman has experience successfully defending various domestic violence cases. Attorney Russman can help fight the charges and help you avoid the severe penalties that can result.

Domestic Violence Cases

Relationships have their ups and downs. Anger and frustration are feelings both partners will tend to experience from time to time. This often results in disagreements and arguments. A partner may become loud and aggressive toward the other partner.

This may cause law enforcement to come to the residence. If they do, someone will usually be arrested. This is how a little private argument turns into a big public investigation with serious potential consequences.

Although men have historically been arrested more frequently for domestic violence than women, there are several domestic violence cases where the woman is the alleged abuser. Women can be arrested for the same reasons that men can be arrested.

A NH Domestic Violence Arrest

Police may make an arrest for domestic violence for a:

  • simple assault
  • criminal restraint
  • criminal threatening

In order to be convicted, the act itself must constitute a credible threat to the safety of the plaintiff.

In domestic violence cases, the plaintiff has the burden of proof. The plaintiff must show that the defendant threatened his or her safety by a preponderance of the evidence. The preponderance of the evidence standard requires that the plaintiff convince the court that it was more likely than not that the defendant’s conduct was a threat.

NH Domestic Violence Lawyer

A NH domestic violence attorney can help build your case. If you did not do anything wrong, Attorney Russman can help prove that there was no credible threat to the plaintiff’s safety and highlight that the arrest was made based on your gender.

He can also help protect you from the awful feelings and stigma that accompany a domestic violence conviction.

It may be possible to work the case out with the prosecutor with a simple mandate for counseling or probation. Or, the case may have to go to trial. If the case goes to trial, you want Attorney Russman to fight for your rights and your freedom.

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What is Domestic Violence and How Prevalent is it?

In a clear case of domestic violence in New Hampshire last year, a man strangled his wife, rendering her almost unconscious. She went to the hospital and her husband went to jail.

Released quickly on a $30 – yes, only $30 — bond, and defying a protection order, he waited until his wife was out of the hospital, then shot and killed her when she went home to gather some things.

How could this have happened? Why was the bond so low? The answer is that under New Hampshire law, non-fatal strangulation is a crime of simple assault, punishable only as a misdemeanor.

Broadly, domestic abuse is defined as physical and/or emotional violence deliberately perpetrated on a family member or on people intimate with each other. The laws of each state differ in the matter, and some are so complex that sometimes an issue of domestic violence that should be included in the definition is excluded. Such was the situation in the crime described above.

Now, because of this case, a new law will likely soon be on the books, making non-fatal strangulation in New Hampshire a second-degree assault (a class B felony) punishable by 3-1/2 to 7 years in prison.

If passed, New Hampshire will be one of 22 states recognizing it as a felony. Had this law been in force at the time of the woman’s initial attack, her husband would not have been able to post bond so quickly, if at all.

Domestic Violence Statistics

It is a difficult image to erase once you have seen someone bearing bumps, bruises, cuts, or worse from domestic violence. Yet domestic abuse is astonishingly common. One in every four women in the United States reports experiencing violence by a current or former spouse or boyfriend at some point in her life.

According to a recent article released by the N. H. Coalition against Domestic and Sexual Violence, in a given day nearly 300 domestic violence victims in New Hampshire can require shelter, counseling, legal advocacy and children’s support groups.

The Family Violence Prevention Fund recently issued the following statistics:

  • 84% of spousal abuse victims are woman, as are 86% of victims of dating partner abuse.
  • In the U.S., more than three women a day are murdered by their husbands or boyfriends.
  • Approximately one in three adolescent girls in the United States is a victim of physical, emotional or verbal abuse from a dating partner – a figure that far exceeds victimization rates for other types of violence affecting youth.
  • Females who are 20-24 years of age are at the greatest risk of non-fatal intimate partner violence.

Domestic violence and abuse are very emotional issues for the victim and the accused. Once friends and family members become involved, it is sometimes impossible to ferret out the truth.

If you have been accused of committing domestic violence, consult immediately with a domestic violence lawyer. Only an experienced and knowledgeable attorney will be able to help you prove your case.