In our blog we will try to provide you with general information regarding family law, as well as updates in important cases and statutes dealing with family law in New Hampshire. This is not to be construed as legal advice. Every case is unique and small facts can make a difference.
Events That Can Trigger an Arrest For Domestic Violence in New Hampshire
What types of conduct constitute a domestic violence charge in the state of New Hampshire? This is a question that is frequently heard from clients. It is a two part answer. 1) It does not matter. 2) It matters quite a lot.
To clarify the first answer, it makes no difference to New Hampshire police. If they are summoned to a residence on a report of domestic abuse or violence, all the alleged victim has to do is state that unwanted physical contact occurred for an arrest to take place. The physical harm does not have to result in injuries, and it does not have to be sexual in nature. Even if the alleged perpetrator simply threatens future harm or contact, an arrest for domestic abuse can result. To the police on the scene of the crime, it is irrelevant if the threat was explicit or implied, an arrest will be made.
To clarify the second answer, a court of law is where it does matter, quite a lot. This is where the facts surrounding the charges will be debated and contested. This is also where it is critical for a defendant to have an experienced New Hampshire domestic abuse attorney by their side. A professional, experienced attorney will examine each detail of the police report, as well as the alleged victim’s testimony, in order to exploit any present weaknesses. A domestic violence lawyer should use every possible legal recourse to degrade and discredit the case the prosecution has.
With the right NH domestic abuse lawyer, the results can be quite effective. For a free consultation, contact us today. We will sit down with you and explain exactly how we can be of assistance.
In the state of New Hampshire, charges of domestic violence are not limited simply to families and married couples. The laws also apply to individuals who are in ongoing, dating relationships who are not married. Unfortunately, there will be an occasional case in which the alleged victim chooses to bring allegations of abuse against their partner as a form of punishment or revenge for a perceived wrong. Even if the complainant later admits to the motives behind their actions, the defendant will still be prosecuted to the fullest extent of the law. The district attorney’s office is the deciding authority on whether or not a domestic violence case is prosecuted.
At the same time, many victims, generally females, involved in genuinely abusive relationships will later decide to recant their original statements with the intent of dropping the charges. Again, this decision is made at the prosecutor’s discretion. Some victims mistakenly believe that, if the district attorney proceeds with the prosecution, he or she can simply refuse to testify. However, this is a mistaken assumption. This right, which is referred to as spousal privilege, applies only to couples who are legally wed. If a couple is not married, then the prosecutor can have the alleged victim charged with contempt of court.
The stark reality is that is that a charge of domestic violence in the state of New Hampshire presents dire consequences for someone who has been accused of this crime. If you or an acquaintance has been arrested and charged with this type of offense, then do not commit a further crime by hiring the wrong domestic abuse attorney. An inept attorney can create more problems that you originally started out with.
Domestic violence cases are rarely clear cut. Often times, the case can become quite complex and hotly contested, and it requires the assistance of a professional and experienced New Hampshire domestic violence lawyer. Do not choose a lawyer who handles this type of case once in a blue moon. You need a legal specialist. Please contact us for a free consultation today.
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