Domestic Violence Attorneys Mobile, AL
Alabama Domestic Violence Defense Lawyers
Understanding Domestic Violence in Alabama
Domestic violence is a pervasive issue that affects individuals and families across Alabama. The domestic violence defense attorneys at Hernandez & Associates Law Firm understand the nuances of the laws surrounding domestic violence, the rights of victims, and the legal remedies available to protect them. We work hard to provide effective legal representation to the accused, but also ensure that victims receive the support and protection they need to break free from domestic violence abuse situations.
In Alabama, domestic violence encompasses a range of abusive behaviors perpetrated by one intimate partner against another. These behaviors can be physical, emotional, psychological, or sexual.
Alabama law specifically categorizes domestic violence into three degrees based on the severity of the offense:
Domestic Violence in the First Degree – This is the most severe form and includes crimes such as assault in the first degree, aggravated stalking, and certain instances of burglary and arson when committed against a family or household member.
Domestic Violence in the Second Degree – This includes offenses like assault in the second degree, stalking, and intimidating a witness.
Domestic Violence in the Third Degree – This encompasses less severe but still serious offenses such as harassment, menacing, reckless endangerment, and third-degree assault.
Each degree carries different penalties, ranging from misdemeanors to felonies, which can significantly impact the accused’s life, including potential imprisonment and fines.
Legal Protections for Victims
Alabama law provides several legal mechanisms to protect victims of domestic violence:
Protection from Abuse Orders (PFA): Victims can seek a Protection from Abuse order, commonly known as a restraining order, which prohibits the abuser from contacting or approaching the victim. PFAs can include provisions for temporary custody of children, eviction of the abuser from the shared residence, and mandatory counseling for the abuser.
Emergency Relief: In situations where immediate danger is present, victims can obtain emergency protection orders that take effect immediately and last until a full court hearing can be scheduled.
Criminal Prosecution: Law enforcement agencies in Alabama are mandated to respond to domestic violence incidents and can arrest the abuser without a warrant if there is probable cause. The victim’s testimony is crucial, but physical evidence and witness statements also play a significant role in the prosecution.
For the Hernandez & Associates Lw Firm, our role in a DV case is multifaceted. We must advocate vigorously for our clients, ensuring their safety and legal rights are upheld. This involves:
Providing Legal Advice: Educating our clients about their rights and the legal options available to them.
Representing in Court: Whether it’s obtaining a PFA, seeking custody arrangements, or defending against false allegations, representing clients in court proceedings is a critical responsibility.
Coordination with Authorities: Working closely with law enforcement, social services, and victim advocacy groups to ensure a comprehensive approach to the client’s safety and well-being.
Emotional Support and Guidance: Beyond legal representation, offering compassionate support and resources to help victims navigate the emotional and psychological challenges of escaping an abusive relationship.
We believe that domestic violence cases require a delicate balance of legal acumen, empathy, and steadfast advocacy. As criminal defense lawyers in Alabama, staying informed about the evolving laws and resources available is essential in effectively support and protect victims.
Contact A Domestic Violence Attorney In Mobile, AL
If you have been charged or accused of domestic violence – schedule a consultation with one of our criminal defense attorneys for a confidential consultation. Call our office in Mobile at (251) 479-1477, or fill out our online contact form. We fight for you and your rights!