Generally speaking, you can be charged with domestic violence for acting in an aggressive manner toward anyone with who you share a home. For instance, a prosecutor may pursue such a charge if you strike your partner, punch your father or shove your cousin down the stairs. Under Oregon law, domestic abuse may also occur if you harm a roommate even if that person isn't related to you. Let's take a closer look at the potential long-term ramifications of being accused of this type of crime.
You May Face a Variety of Penalties for Violating Domestic Violence Statutes
If you're charged with a misdemeanor count of making threats, stalking, or assault, you could spend up to a year in jail. Furthermore, you may also be required to pay a fine of up to $6,250. In the event that an assault charge is upgraded to a felony, a judge might sentence you to up to 20 years in prison, and a felony conviction might also result in a fine of up to $375,000.
The severity of the charge will depend on multiple factors such as the types of injuries a victim suffered or the presence of previous domestic violence convictions. Authorities will also consider whether you acted in a reckless manner when an alleged assault took place. Finally, you will likely face a felony charge if authorities allege that a deadly weapon was used to commit the crime.
The victim in your case has the right to seek a restraining order, and this is typically true even if no criminal charges are filed against you. If the order is granted, you may be required to move out of the home or apartment that you share with this individual. Furthermore, there is a chance that you might lose custody of your children.
The Potential Financial Impacts of Being Charged With a Crime
At a minimum, spending any amount of time in jail will make it almost impossible to earn a tangible income. Therefore, you may be at risk of losing your home, vehicle, or other possessions that weren't paid in full prior to being taken into custody.
After your release, it may be difficult to find a job, which may also limit your ability to find a decent home or apartment. Furthermore, you may be required to wear a monitoring bracelet as a condition of your probation or parole. The state will likely charge you at least $100 a month to maintain the device.
Even if you're acquitted of the charge, you will likely spend thousands of dollars in legal fees to clear your name. Furthermore, you may need to spend additional money to secure your release from custody while your case makes its way through the legal system.
The Potential Social Impacts of Being Charged With a Crime
A domestic violence charge may change the way that friends, family members, and professional contacts perceive you. Therefore, you may be at a greater risk of getting a divorce or losing a contract with a key client. In some cases, key relationships may remain strained even if the case is eventually dismissed.
It's also possible that a criminal charge might be cited as a reason to revoke any custodial, visitation, or other rights that you may have had to a son or daughter. This may occur regardless of whether your child's other parent obtains a restraining order against you.
However, it's important to note that the presence of a criminal record won't automatically disqualify you from being a parent to your children. A judge will review the details of your case to determine if you actually pose any danger to your child's safety.
If you are facing a domestic violence charge, you should contact the folks at Baxter Harder, LLC right away. We may be able to help you obtain an acquittal, a plea deal, or another type of favorable outcome in the matter.