Domestic violence defense screener

Legal information only. Domestic violence law involves criminal, civil protective order, family court, and federal firearm systems that interact in complex ways. This screener provides general orientation. A criminal defense attorney with DV experience evaluates your full situation. See our full disclaimer.

Domestic violence case screener

Relationship to the alleged victim

What is the alleged conduct?

Has a protective/restraining order been issued or requested?

Do you currently own firearms?

Are children/custody involved?

Prior domestic violence history (either party)

Your domestic violence case assessment

Get a free domestic violence defense consultation

An attorney coordinates strategy across the criminal case, protective order hearing, and any custody proceeding - these are separate cases that affect each other. Free consultation, available urgently.

Why domestic violence cases involve multiple separate legal proceedings

Unlike most criminal charges, a domestic violence allegation typically triggers up to 3 separate court proceedings that run on different timelines with different standards of proof. The criminal case (misdemeanor or felony assault/battery with a DV designation) requires proof beyond a reasonable doubt and can result in jail, probation, and a permanent record. The civil protective order case (often filed within days, sometimes by the alleged victim directly without a prosecutor) requires only a preponderance of the evidence and can result in you being ordered out of your home, prohibited from contact with your children, and required to surrender firearms - often before the criminal case is even resolved. If there's an existing or future custody dispute, the family court case considers the DV allegation as a factor in custody and visitation decisions under a "best interests of the child" standard.

These proceedings interact in important ways. Statements made in one proceeding can be used in another. A protective order obtained quickly (sometimes the same day, ex parte - without you present) can effectively decide where you live and whether you see your children for weeks before you even have a chance to respond. An attorney coordinates strategy across all applicable proceedings simultaneously - this is one of the most procedurally complex areas of criminal defense. If self-defense applies to your situation, also review the self-defense claim evaluator, and the broader assault charge intake for charge-level analysis.

What is the Lautenberg Amendment and why does it matter so much?

The Lautenberg Amendment (1996) is a federal law that permanently bars anyone convicted of a misdemeanor crime of domestic violence from possessing firearms - for life, with no expungement exception in most circumstances. This applies even to misdemeanor convictions, even decades later, and even in states where the underlying conviction would otherwise be expungeable for other purposes. For law enforcement officers, military personnel, and anyone in a firearm-related profession, a DV conviction - even a minor one - can end a career. This is one of the most significant collateral consequences in all of criminal law, and it's a federal consequence that state expungement generally cannot undo. This single factor often drives defense strategy toward avoiding any DV-specific conviction even when pleading to some offense is otherwise acceptable - for example, pleading to disorderly conduct instead of a DV-designated assault, even with similar criminal penalties, avoids the Lautenberg trigger entirely.

What happens with "mutual" protective orders or dual arrests?

Some jurisdictions have "primary aggressor" determination requirements specifically to prevent dual arrests, but they still occur - particularly in cases where both parties have visible injuries or the responding officers can't clearly determine who acted first. Mutual protective orders (where both parties have orders against each other) create unusual complications, especially regarding shared housing, children, and property access. If you're facing dual charges or a mutual order situation, an attorney's first priority is often establishing the primary aggressor analysis to potentially have charges against you dismissed while the other party's proceed, or vice versa is avoided.

Frequently asked questions about domestic violence charges

It depends entirely on the specific terms of the order. Many emergency/temporary protective orders include a "stay away" or "vacate" provision that requires you to leave a shared residence immediately, regardless of whose name is on the lease or deed. Violating this provision - even to retrieve belongings - is a separate criminal offense (violation of a protective order) that can result in immediate arrest, even if the underlying DV allegation is eventually dismissed. If you need to retrieve essential items, your attorney can often arrange a police-supervised retrieval or seek a modification of the order. Never attempt to return to a residence covered by a stay-away order without legal guidance.

A pending or resolved DV charge is a significant factor that family courts consider under the "best interests of the child" standard, but it doesn't automatically determine custody outcomes - the analysis depends on the specific allegations, whether children were present or affected, and the overall circumstances. Many states have statutory presumptions against awarding custody (or requiring supervised visitation) to a parent with a DV conviction, particularly if the conviction involved the other parent or the children directly. Because family court and criminal court operate independently, statements made in one proceeding can affect the other - coordinating both cases with attorneys who communicate is essential.

State-level expungement may be available depending on your state's rules for the underlying offense (assault, battery, etc.) - the "domestic violence" designation itself is often a sentencing enhancement or separate flag rather than a distinct offense, and expungement eligibility follows the underlying offense's rules in many states. However, even successful state expungement does NOT remove the federal Lautenberg Amendment firearm prohibition for a DV misdemeanor conviction - that federal restriction persists regardless of state-level record relief. This is a critical point many people don't realize: expungement helps with employment background checks but does not restore firearm rights for a DV conviction.

False DV allegations do occur, sometimes in the context of contentious divorces or custody disputes where a protective order can provide tactical advantage. If you believe the allegations are false, document everything: text messages, witness statements, evidence of the other party's motive (timing relative to a custody filing, for example), and any inconsistencies in their account. Do not contact the alleged victim directly to "resolve" this - any contact can violate a protective order and create additional charges regardless of the underlying allegation's truth. Channel everything through your attorney, who can present this evidence at the protective order hearing and in the criminal case.

Yes, in many cases. Prosecutors can sometimes proceed using other evidence - 911 call recordings (which are not "testimony" and may be admissible under hearsay exceptions for excited utterances), officer body camera footage and observations, photographs of injuries, and medical records. Many jurisdictions have specific policies for prosecuting DV cases even with uncooperative complainants, recognizing patterns of victims recanting under pressure or fear. This means a victim's stated wish to drop charges doesn't guarantee dismissal - though it's a factor a skilled attorney can leverage in negotiations.