Domestic violence is a significant problem in our society and is often unfairly categorized as solely a women’s rights issue. In fact, it’s a human rights issue affecting women as well as men, their families, their friends, their coworkers and their communities.
It is not bound by age, ethnicity, religion or income bracket. It is critical that anyone accused of domestic violence receive a competent, effective defense.
At the Carman Law Firm, we know that people facing domestic violence charges may be anxious, frightened and unsure of what to do next. We have successfully represented countless individuals who have been where you are now, and we have the experience you need. Even if you have not been formally charged, discussing your situation with an attorney can help protect your rights. Don’t take chances when hiring a Kentucky domestic abuse attorney. Let us work with you to plan the aggressive defense that you will need. Use the convenient online inquiry form or call (859) 838-1415 for a free initial consultation.
Nearly half of all American women and men have experienced psychological aggression by an intimate partner in their lifetime. Kentucky state law defines domestic violence and abuse as the occurrence of one or more of the following acts between “family members” or “members of an unmarried couple”:
- physical injury
- sexual abuse
- putting someone in fear of immediate physical injury, sexual abuse or assault.
Domestic Violence Charges
Therefore, domestic violence acts are charged under standard criminal provisions such as assault (very, very commonly Assault, 4th Degree), felony assault, terroristic threatening, menacing, wanton endangerment, rape, sodomy, sexual abuse and manslaughter/murder. Damaging physical property is not considered domestic violence, unless it is combined with threatening behavior.
Sometimes, people are falsely accused of domestic violence. Whether done out of anger, or to gain an advantage in divorce proceedings, such an accusation has immediate and lasting consequences. A restraining order can be issued against you without your knowledge and without your having had the opportunity to defend yourself.
If there is probable cause that you have violated an Emergency Protective Order, a long-term Domestic Violence Order or a foreign protective order, you can be arrested immediately. In matters of domestic violence, both the accuser and the accused have rights that need to be considered.
If you are facing domestic violence charges, a knowledgeable defense attorney may be able to successfully argue that the alleged act of abuse was an isolated incident and not part of a pattern, since everyone loses their temper at times. If the alleged victim has questionable character, then it may be possible for the defense attorney to cast enough doubt on the victim’s version of events that the judge/jury will find it to be false, skewed or exaggerated. Other potential defenses include mistaken identity, having an alibi, lack of intent (it was an accident), self-defense and mishandling of the evidence by police.
In addition to our extensive knowledge and resources, the Lexington-based Carman Law Firm will provide you with personal attention and competent representation. Even if you believe you are guilty of domestic abuse, or are found guilty, we can help you in many ways, including getting you the best possible sentence. Attorney Dan Carman has wide-ranging experience from his service in the United States Marine Corps as defense counsel, prosecutor, legal assistance attorney, and in-house counsel for an infantry battalion. He knows how the Kentucky criminal justice system operates, and he has the skills needed to build a strong defense on your behalf. If you have been accused of domestic violence, let us handle your criminal charges. Call our offices today at (859) 838-1415 or fill out our online inquiry form. The initial consultation is free.