If you’ve been accused of domestic violence, you could be facing some life-changing charges in New Hampshire.
That’s why you’ll want experienced criminal defense attorney Michael Anzalone by your side as you face domestic violence allegations.
Domestic violence occurs when someone threatens in some way a member of a household or a current or former sexual partner of the offender. There are a number of offenses that the state of New Hampshire considers to be domestic violence when involving a member of a family or household. These include making criminal threats, assault, reckless conduct, destruction of property, harassment, unauthorized entry into a home, or sexual assault.
In New Hampshire, a police officer who is called to the scene of an alleged domestic incident can make an arrest, even without a warrant, or even if no one is in imminent danger. That’s because the state considers domestic violence to be a case that requires immediate action. In most other cases, law enforcement officers have to go before a judge or magistrate to obtain arrest warrants before making an arrest.
If you have been arrested on a domestic violence charge, you need a criminal defense lawyer to help protect your rights.Protective Orders
State law allows the person who has been violated to seek a protective order from a judge. The judge may issue a temporary protective order that may prohibit you from abusing the plaintiff and his or her relatives and bar you from entering the plaintiff’s household. If children are involved, the state’s department of health and human services may get involved to determine the best interests of the children.
A protective order _ whether it’s temporary or permanent _ can also require you to turn over any firearms or other deadly weapons to law enforcement officials.
Criminal defense attorney Michael Anzalone will advise you to never violate a protective order. Instead, he will work with you to get your rights restored so you can get back into your house or see your children again.
But if you don’t heed his advice, you will face some serious consequences. You will probably be arrested and you can be arrested without a warrant if the violation occurred within 12 hours of the incident. You could also be charged with both criminal contempt for violating the protective order and criminal charges for the conduct that caused the judge to issue a protective order in the first place.
What are the penalties? If you violated a protective order, you could face up to one year in jail for a Class A misdemeanor. If you have a prior conviction for violating such an order and commit a new offense that involves abuse within six years, you’ll face a harsher penalty. That means it could bump up from a Class B misdemeanor to a Class A misdemeanor.
The situation is often complicated and the laws can be difficult for someone to understand, especially under the stress of a domestic violence arrest. That’s why you should contact The Anzalone Law Firm at 603.548.3797.