If you have been issued a domestic violence charge, you probably have a lot of questions about your rights as the accused. Delaware has drafted legislation that immediately protects the victim. In relation to domestic violence, most states take a stance of “better safe than sorry”, which cannot duly protect the rights of both the accuser and the accused. We understand that domestic violence is a serious issue that destroys lives. Being falsely accused of domestic violence comes with a completely different set of stigmas and challenges that can also ruin lives. Speak to an attorney at Mattleman, Weinroth & Miller, P.C. to discuss your issue and see if the circumstances constitute a case for domestic violence.
In Delaware, a protection from abuse petition (PFA) is a procedure to immediately separate the parties involved. One party can file a PFA and name the abuser. The accused must go to court and either consent to an agreement or go through a process where the accuser defends the petition. Domestic violence can include any mental, physical, and emotional abuse.
The petition can be up to two years or as little as a year. The accused is ordered to vacate the shared residence. If married, the accused could be issued support payments while the individual is out of the residence. The accused may be responsible for expenses associated with the marital residence and ordered to relinquish the shared car to the accuser.
If children are involved in a domestic violence case, custody will surely be an issue. A custody decision will be affected by a domestic violence case, limiting or ceasing contact between the accused and children. A PFA can be filed by anyone on behalf of a spouse or spouse and children.
A charge of domestic violence will escalate the penalties of what would be considered a regular crime. In criminal cases that involve assault, a domestic violence charge will be judged harshly and penalties will reflect that. If you have been charged with domestic violence, you need to know your rights as the accused. If you have any questions, contact Mattleman, Weinroth & Miller, P.C.