Are You Facing Domestic Violence Charges?
At the Thole Law Firm, domestic violence attorney Eric Thole provides clients with special insight into the inner workings of the criminal justice system. As a former Stillwater and Cottage Grove city attorney and past Washington County assistant prosecutor, Mr. Thole builds smart, strong legal defense strategies that work to undermine the prosecution’s case and seek to provide his clients with the best possible resolution of their domestic violence charges.
Domestic Abuse Is Taken Very Seriously In Minnesota And Wisconsin
When violence erupts between family members, spouses or anyone sharing a residence, domestic violence charges may be filed. Depending on the nature of the allegations, domestic violence can be charged as a misdemeanor or felony assault level offense in Minnesota.
After individuals have had a chance to cool down, alleged victims often no longer want to pursue the criminal charges. Unfortunately, once filed, the prosecution can decide to move forward with the charges even without the support of the reporting party.
During the pendency of the proceedings, you may be separated from your spouse and unable to visit your children. If found guilty, you will face harsh penalties, including steep fines and a possible jail sentence. In addition, you face embarrassment and public scrutiny, and may even lose your job. If convicted of a felony-level offense, you will be stripped of your right to vote or own a firearm.
At the Thole Law Firm, attorney Thole takes proactive, out-of-court steps that lay the groundwork for your defense. Many times, he recommends clients enroll in anger management counseling as a pretrial strategy. By showing the prosecution that clients are taking voluntary measures to overcome their stress and anger issues, he is often able to get charges lowered or dropped and negotiate alternative forms of restitution that keep clients out of jail.
As your domestic violence attorney, Mr. Thole thoroughly investigates the circumstances surrounding the alleged violence to identify mitigating circumstances – such as self-defense – and build clients’ defenses. He also examines the circumstances surrounding the arrest to ensure constitutional rights weren’t violated. If any incidents of police misconduct are present, the police lacked probable cause or inadequate Miranda warnings were issued, he will fight to have your charges dropped.
Answers To Common Questions About Domestic Violence Charges
Domestic violence charges can affect many parts of your life. Here, Mr. Thole has provided some answers to frequently asked questions to help explain what may happen and how you can protect your rights.
What is considered domestic violence?
Domestic violence is not limited to hitting or causing an injury. It may include physical assault, threats, stalking, harassment, strangulation, sexual abuse or damage to property. It may also involve blocking an emergency call or making someone fear immediate harm. These claims usually involve spouses, former partners, relatives, parents, children or people who live together. The exact charge will depend on the alleged act and your relationship with the other person.
Can I be charged with domestic violence without physical injury? What other evidence could be used?
Yes. Prosecutors may file charges even when no one has a visible injury. They may use 911 recordings, witness statements, text messages, emails or social media posts as evidence. They may also rely on police body-camera footage, photos of damaged property or statements made during the arrest. Because each form of evidence has limits, your attorney can review whether it is complete, reliable and lawful.
What happens if I accidentally violate a DANCO, DARO or protective order?
A court order may restrict direct contact, phone calls, messages or contact through another person. Minnesota may issue a domestic abuse no-contact order (DANCO). Wisconsin may use a domestic abuse restraining order (DARO), injunction or similar protective order. Even accidental contact can lead to further legal problems. If contact occurs, do not respond or try to settle the matter yourself. You should leave the area, save any records of the event and speak with your attorney.
What are the collateral consequences of a domestic violence conviction?
A conviction may affect you long after the criminal case ends. You could lose the right to own or possess firearms. The conviction may also affect child custody, parenting time, housing or immigration status. Some employers and licensing boards may consider it when making decisions. These effects can place added strain on your work and family life. For that reason, your defense should address both the charge and the harm a conviction may cause in the future.
Contact The Thole Law Firm To Protect Your Rights
If you have been accused of domestic violence, you need an experienced criminal defense attorney protecting your rights. Contact the Thole Law Firm‘s Stillwater domestic violence lawyer at 651-300-7389.