Reviewing Domestic Violence Laws With A Criminal Defense Lawyer In Oxford, MS

by | Oct 15, 2019 | Lawyers

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In Mississippi, domestic violence is a classification for threats and bodily harm when the victim is a family member, spouse, or former romantic partner. The classification increases potential penalties and could prevent the aggressor from returning to the home. A criminal defense lawyer in Oxford MS offers assistance for defendants facing the criminal charge.

Identifying the Aggressor

Law enforcement officers arrive at the scene of domestic altercations and must make a fast judgment. Typically, the aggressor is the individual accused of violent acts or assault. Evidence of domestic violence claims is evaluated by the officers. If both parties could be the aggressor, officers must arrest each individual involved in the altercation.

Protection Orders and New Charges

Protection orders are issued when a victim is at risk and requires protection through the law. A standard protection order prevents contact with the victim. Contact includes but is not limited to in-person visits, phone conversations, text messages, and emails. Any violation of the protection order introduces new charges against the defendant.

How Domestic Violence Convictions Affect Child Custody

Domestic violence convictions establish the grounds for the divorce. If the child became the victim, the family court won’t award custody of the child to the aggressor. Under the circumstances, the opposing parent receives sole custody, and the noncustodial parent receives supervised visitation with the child. In extreme circumstances, the court could terminate the aggressor’s custody or visitation rights.

Common Penalties for Domestic Violence

Standard penalties for domestic violence begin with a fine of $2,500 and a jail sentence of no more than two years. However, the severity of the victim’s injuries plays a role in sentencing. The domestic violence classification applies according to the identity of the victim, but further criminal charges could apply in these proceedings.

In Mississippi, domestic violence is a horrific crime in which a family member, household member, or former spouse becomes the victim of assault or fears for their life. All allegations of domestic violence are investigated, and officers arrest the aggressor identified by the victim. Criminal defendants who need the assistance of a criminal defense lawyer in Oxford MS are encouraged to browse our website for more details about consultations and legal services now.