Posted on: 7 May 2021
If you get involved in a domestic dispute, there are a number of different charges that you can receive. Each one carries a different set of consequences, so how you approach each one is different.
Obstructing a Police Officer
Obstructing a police officer or obstruction of justice is a common charge from a domestic dispute. The charge isn't actually about the dispute itself but how you interacted with the police officer. You might get charged with this crime for refusing to obey a lawful order or for getting in a police officer's way.
Police officers often overuse this charge in domestic dispute cases. When they arrive at a dispute, the scene is often chaotic, so it's hard for them to figure out what's actually going on. They might just want to put somebody in jail to end the dispute as quickly as possible.
An example of a wrongful charge is when a police officer tells someone to leave their home and charges them with obstruction if they refuse. The person has a right to stay in their home unless the police have probable cause to make an arrest. The police can make suggestions, but when they wrongfully use an obstruction charge, you have the right to have your case dismissed.
Noise Ordinance Violations
Another common charge is actually normally civil instead of criminal. If you were making a lot of noise, the police might charge you with a noise violation that has a fine and is similar in consequences to a parking ticket. Things to be aware of include the size of the fine and whether repeat offenses could be considered criminal.
Noise violations in your area may require specific evidence like a decibel reading. If you want to beat the violation, have your criminal attorney review the specifics of the charge.
Domestic violence typically falls under different degrees of assault charges. The level of the charge depends on whether someone got hurt and whether a weapon was used. It is not assault if you acted in reasonable self-defense.
In a domestic dispute, the police often go by injuries, what the first person they talked to said, or by assuming the man was the aggressor. These assumptions do not constitute proof of a crime beyond a reasonable doubt and could lead to you being able to beat your charge if the police don't have other proof.
To learn more about criminal charges from a domestic dispute, contact a local criminal domestic dispute attorney today.Share