The stakes in domestic violence cases are high — considerably higher than many defendants initially realize. A conviction creates consequences that extend far beyond the criminal sentence imposed by the court.
Employment: A conviction creates a visible record in background checks that can affect employment and housing.
Firearms — The Lautenberg Amendment: A domestic violence conviction under federal law triggers a lifetime prohibition on possessing firearms or ammunition under the Lautenberg Amendment. This is a consequence that affects a wide range of people — including law enforcement officers and military personnel — in ways that can end careers. This applies even to misdemeanor domestic violence convictions.
Custody and Visitation: If there are children involved in the family, a criminal conviction for domestic violence will likely be considered by the family court in any custody or visitation proceedings and can significantly affect those outcomes.
Immigration: For non-citizens, a domestic violence conviction can trigger deportation proceedings or other serious immigration consequences. If you are not a United States citizen, this must be raised with your attorney at the very beginning of your case.
What Effective Domestic Violence Defense Looks Like
Defense in domestic violence cases is not about dismissing the seriousness of domestic violence as a social problem — it is very serious, and it causes real harm to real people. Defense is about ensuring that every individual accused of any crime receives:
- The full protection of their constitutional rights
- A thorough and honest evaluation of the evidence
- An advocate who will fight to present the most complete and accurate picture of what actually happened
The stakes in domestic violence cases are high enough, and the law surrounding them specific enough, that general criminal defense experience is not sufficient. You want an attorney who understands:
- The 209A process and the extension hearing
- Prosecutor protocols for domestic matters
- The interaction between the criminal case and any family court proceedings
- The specific constitutional issues that arise in domestic violence defense
We have represented many people in domestic violence cases over the years — including some whose cases looked, at first glance, very difficult. In almost every case, the actual facts were more nuanced than the initial charges suggested. That nuance matters, and building the most complete and accurate factual record possible is one of the most important things we do.
Take Action Immediately
Domestic violence cases move quickly. The 209A extension hearing comes within ten business days. The early decisions about what to say, who to contact, and how to respond to the protective order will shape the entire trajectory of the case.
If you have been charged with a domestic violence offense or are facing a 209A order, do not wait to seek legal representation.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
Watch our firm video: https://www.youtube.com/watch?v=jx-X_9CssZo&t=2s
Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
