An accusation of domestic violence can severely impact a defendant’s life. In addition to facing serious penalties such as jail time, they may experience irreparable harm to their reputation and an inability to maintain relationships with friends or family members.
While domestic violence is a very serious crime, not all accusations are founded in truth. If you have been falsely accused of domestic violence, then our attorneys can help build your case and clear your name. We will ensure that your interests are protected during the legal process. Moreover, we will not rest until the wrongful charges against you have been reduced or eliminated.
Seek support from our experienced domestic violence defense lawyers at Overson Law, PLLC by calling (801) 758-2287.
Understanding Domestic Violence Charges in Clearfield, UT
In Utah, domestic violence is defined under Utah Code § 77-36-1(4) as “any criminal offense involving violence, physical harm, or threats of violence committed by one cohabitant against another.” Simply put, there are many different types of crimes that may be considered acts of domestic violence so long as they are performed against a cohabitant.
What is a cohabitant? According to Utah Code § 78B-7-102(5), a cohabitant is someone who is at least 16 years old and meets certain criteria. Specifically, a cohabitant can be someone who is now or was formerly a spouse of the other party, someone who lives or lived with the other party in a manner similar to a spouse, and someone who is related by blood or marriage to the other party up to the second degree of consanguinity. A cohabitant can also be someone who has or had children in common with the other party, biological parents of the other party’s unborn child, someone who resides or has resided in the same residence as the other party, and someone who is or was in a consensual, sexual relationship with the other party.
Fortunately, our domestic violence defense attorneys are prepared to assist defendants regardless of which type of relationship they have with their accusers. Our team will fight fiercely to discredit wrongful charges and restore our clients’ reputations. Moreover, we will work to protect defendants’ rights throughout each stage of the judicial process.
Different Types of Abuse that May Be Considered Domestic Violence in Clearfield, UT
As previously discussed, domestic violence can arise in multiple forms. The following is an overview of the different types of abuse that may be considered acts of domestic violence in Clearfield, UT:
Physical Abuse
Physical abuse refers to any physical act such as slapping, grabbing, punching, or pushing. Essentially, any type of physical contact may be considered a form of physical abuse.
While physical abuse is a common form of domestic violence, not all allegations of physical abuse are legitimate. In rare cases, accusers may falsely accuse their partners of physical abuse in order to punish them or gain an upper-hand in a disagreement. False accusers may even attempt to commit self-harm and claim that the resulting injuries stem from physical abuse. If you have been falsely accused of committing physical harm, then you should seek legal support immediately.
Emotional Abuse
While emotional abuse may not leave visible scars, it can be just as debilitating as physical abuse. There are several forms of emotional abuse that may be considered acts of domestic violence. For instance, a victim may suffer domestic violence in the form of intimidation, isolation, or verbal insults.
There are copious amounts of evidence that may be analyzed to determine whether emotional abuse occurred in a particular case. If you have been accused of domestic violence, then our attorneys can help gather evidence to prove your conduct did not rise to a level that constituted emotional abuse.
Sexual Abuse
Sexual abuse is an especially traumatic and painful of abuse that may be committed against domestic violence victims. There are range of different behaviors that may be considered sexual abuse. For example, sexual abuse may occur in the form of non-consensual intercourse. Alternatively, it may involve other forms of unwanted sexual contact such as touching and groping.
Victims of sexual abuse often suffer physical injuries as well as severe psychological distress. Accordingly, an accusation of sexual abuse can severely tarnish a defendant’s reputation. Even if they are ultimately proven innocent, they may experience damaging effects on their relationships.
Can Domestic Violence Charges Be Expunged from Your Record in Clearfield, UT?
Expungement is a legal process that may allow you to seal your criminal record from public view. If your record is expunged, then you get a fresh start and a chance to move forward without the stigma and limitations associated with a criminal record.
In Utah, a domestic violence charge may only be expunged if it is classified as a misdemeanor. Meanwhile, felony domestic violence charges cannot be expunged.
How Our Lawyers Can Help Defend Against Domestic Violence Charges in Clearfield
Our attorneys will offer thorough assistance if you are facing allegations of domestic violence in Clearfield, UT.
First, we can provide experienced representation throughout all stages of the judicial process. We will work diligently to ensure that your rights are protected from the initial investigation to the final courtroom proceeding.
Further, our lawyers have in-depth knowledge of domestic violence laws. This will enable us to craft an effective defense strategy that is tailored to the unique circumstances of your case. For example, we may pursue a defense strategy based on self-defense or attempt to discredit the reliability of an opponent’s testimony. Moreover, we may assert that the evidence being presented against you was obtained unlawfully.
Finally, our team recognizes the sensitive and emotional nature of domestic violence cases. Accordingly, we are prepared to approach your case with compassion. We will do our best to alleviate your anxiety and concern by answering all your questions and providing you with personalized attention for the duration of your case.
Call Our Lawyers for Help if You Were Accused of Domestic Violence in Clearfield, UT
Get help from our domestic violence defense attorneys by calling Overson Law, PLLC at (801) 758-2287.
