When a client is charged with Domestic Violence (DV), the lawyers at Bailey & Orozco know that one of the first inquiries a lawyer should make is what relationship the client had with the alleged victim.
Protected Classes of Persons
A victim of DV is a person protected by the Domestic Violence Act, which includes abuse and neglect of the elderly and disabled. This includes:
- Any person who is 18 years of age or older; or
- An emancipated minor (see below).
When such person has been subjected to an act of Domestic Violence by:
- A spouse; or, a former spouse.
- Any other present or past member of the household.
The 'protected class' designation also includes a person (regardless of age) when:
- The victim has had a child in common with the client.
- The victim has had a dating relationship with the client.
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Juvenile Cases
An un-emancipated minor who commits an act of domestic violence is not prosecuted as a DV defendant; the juvenile is prosecuted under the State Juvenile Delinquency Law.
Emancipated Minors
A minor is deemed emancipated from their parents when the minor:
- Has been married; has a child; or, is pregnant.
- Has entered military service.
- Has previously been declared emancipated by the Court.
Defending a Client Charged With Domestic Violence
At Bailey & Orozco, we frequently represent clients charged with domestic violence, in both civil and criminal proceedings. The benefit to our clients, is in having an experienced criminal defense lawyer protect their constitutional rights in regards to the criminal charge, while minimizing the potential impact this type of charge can have on the life of the client. We are often able to get the matter dismissed, which allows the client to start getting their life back in order.
