When The Victim Is Charged

Victims charged with Domestic Violence Offense

Too often, victims of domestic violence are mistakenly arrested and criminally charged for protecting themselves from the violence committed against them by the perpetrator who has long been the abuser in a relationship. Unfortunately, these victims feel trapped in the abusive relationship are now more restrained within the criminal system. Rather than fight, many choose to accept a plea deal, and not allow the truth to prevail.

In Utah, even accepting a plea in abeyance to a domestic violence offense can have significant ramifications. A plea in abeyance, although not a conviction, requires you to pay a fine, to be supervised by either the court or probation, to undergo domestic violence treatment, and to risk a conviction if you are unable to complete the ordered terms. Also, a plea in abeyance to domestic violence is enhanceable, meaning that if you are accused of committing domestic violence in the next five years, the government can increase the penalty by one degree, which is significant.

Simply put, the abuser can use protections meant for victims as a sword against the victim and not as a shield as it was intended.

More importantly, the abuser can use the allegation against the victim in many ways. Knowing that a violation of the agreement will result in conviction, the abuser gains even more power and control over the victim. The abuser can also use the allegation to bolster a Department of Child and Family Services (DCFS) action, gaining the upper hand for custody in a divorce proceeding, and to obtain a protective order against the victim. Simply put, the abuser can now use the protections that were meant for victims as a sword against the victim and not as a shield as it was intended.

All hope is not lost. Having a defense attorney experienced in the dynamics of domestic violence will provide you the ability to tell your side of the story. Greg Ferbrache has over 14 years as a prosecutor working with victims of domestic violence and other serious victim crimes, and has been recognized for his work in the domestic violence field. As a criminal defense attorney, Greg has successfully obtained justice for victims who have been mistakenly charged. If you have been falsely accused of a crime you did not commit, give Ferbrache Law a call
(801) 440-7476.