Mississippi Criminal Law BlogBy: Vic Carmody, Domestic Violence Attorney MS in the Tri-County Area Around Jackson Mississippi
All over America misdemeanor or felony domestic violence (DV) cases happen every day. The pandemic in Spring of 2020 put millions or spouses and domestic partners under stress. These kinds of complex, relationship-driven criminal cases are best handled by an experienced criminal defense attorney and not personal injury lawyers, or by randomly selecting an advocate near me from a lawyer directory.
This article provides legal advice and answers a common question, “Should I get a lawyer for domestic violence?” The barrier between you and a jail cell is usually based upon which domestic violence defense lawyer you retain.
New or old issues about money, late child support, cabin fever and the frustrations of a completely changed schedule led to many unfortunate encounters. Tempers flared up and things occurred that ordinarily might never occur under normal, everyday life. The next thing you know, you are learning about restraining orders and hearing about the possibility of a year in jail.
Our law firm’s domestic violence defense attorneys (the author, Lance Mixon and Kevin Stewart) handle about 75% of our cases in Hinds County, Rankin County and Madison County, but cover the entire Magnolia State, from Tennessee to Louisiana, Arkansas, or Alabama. If you have been arrested and charged with domestic violence, it is critical to speak with an experienced criminal defense attorney immediately if you expect the best possible outcome for your case.
For our state laws to apply, you need not be MARRIED to each other, now or in the past. If you have lived together in a situation that intimate sexual relations were part of the relationship, then you should expect to be covered by DV laws in MS.
How does a Domestic Abuse or Domestic Violence case Get to Court?
Domestic violence (also called family violence) can involve a variety of types of criminal misconduct, such as assault, battery menacing, harassment, and other behaviors. When a violent touching or even a hostile argument escalates too far, a crime in Mississippi can be created.
An alleged victim of domestic violence usually does not announce his or her plan to contact a domestic violence injury lawyer or a domestic violence divorce lawyer. If a bodily injury has resulted from a dispute, then expect to see photos or videos of that later, in court.
A common thing to happen shortly after a bad encounter is that you are arrested for a crime and taken to jail. Then, you must get a bond amount set and posted, and this bond order will have several conditions imposed upon you. Plus, your significant other may have already obtained an Order of Protection that a Judge has signed, in your absence.
It is also important to note that domestic violence charges can also be leveraged like a weapon in contested divorce proceedings or custody battles. In our law firm’s collective 68 years of experience, we often see cases of false domestic violence allegations where something may be gained or lost by either party due to these legal assertions.
All the following “parties” can be on opposite sides of a Domestic Violence Case
Provisions of the lengthy MS domestic violence law are found in the MSA (Mississippi Code Annotated) Section 97-3-7. From those provisions, individuals from one or more of these identifiable relationships may be victim and accused parties.
Married Couples;
Children or Step-children;
Parents or Step-parents;
Other relatives that shared your dwelling place;
Present or past boyfriends or girlfriends;
Folks who cohabited (shared a dwelling place of any type while engaging in an intimate relationship);
Same sex or opposite sex domestic partners or “shared dwelling” members, past or present, when a sexual relationship now or formerly existed; and
Roommates, or former roommates, under certain circumstances, depending upon the interpersonal relationships.
List of various types of Domestic Violence that may lead to arrest, some of which are highly serious:
Elder abuse
Harassing phone calls
Social media threats
Stalking another domestic relation person
Sexual assault, menacing or even non-consensual, forcible rape
Verbal abuse in the presence of (or within earshot) of children or others
Inflicting emotional abuse upon a domestic relation
Imprisoning another person (e.g., a teenager, a parent or your spouse).
Having your DV Lawyer in Mississippi Assert Defenses to False Allegations
Dozens or legal defenses are viable in these cases. Because some smoldering divorce cases result in a DV case, made-up or exaggerated allegations of family violence can be a ploy to obtain leverage in a custody dispute or child support battle. Plus, self-defense is our most common defense for these criminal cases.
How a Domestic Violence Conviction Can Impact your Future
A DV lawyer is focused on damage control. While facing criminal charges is daunting, a conviction can create multiple barriers for your future, like eligibility for jobs, being able to become a Sunday School teacher, or possess a firearm. The real victims can be the children if the relationship between their parents falls apart to the point of no communication.
Decision making when dealing with a pending family violence case is very poor, because most accused citizens tend to say things that deepen their dilemma. It is common for tempers to flare and an emotional roller coaster to start down the tracks.
Hiring the Best Domestic Violence Attorney Near Me
Procrastination in the face of possibly going to jail is a bad move. Worrying about domestic violence lawyer cost is the wrong approach. If you had been diagnosed with cancer, your immediate search would be for the best surgeon or oncologist to remove the tumor.
Surprisingly, the best domestic violence lawyer may also be the most affordable domestic violence attorney if those years or defending these complex cases results in a quick and fair way to wrap up the whole case without protracted litigation. Plus, once you enter an attorney client relationship with the law office of your choice, you will work as a team with one of our legal advocates.
The facts that occur in a DV criminal case are unique in every case. The legal experts from our law firm need all the details to be able to give you a FREE consultation. This case evaluation by a Mississippi domestic violence attorney can tell you what needs to happen next.
Call today at 1-800-360-3847, for immediate legal information, and a FREE lawyer consultation. All have been rated by Super Lawyers on many separate occasions.