Lisa Pelosi: The top misconception is that the police should never be called when it involves family members, and clearly that isn’t accurate; however, often times innocent people are arrested without any evidence, just based on an allegation, and often times I’ve been able to prove that the allegation was false and the charges have been dismissed.
Common Client Mistakes Detrimental to a Favorable Outcome in a Domestic Violence Case
Interviewer: What are some mistakes that your clients make during the process that they may not know of?
Lisa Pelosi: Something that I always try to explain to clients, usually they’re men, but sometimes it’s a woman, that they have to take seriously the order from the judge, which is issued in 100% of domestic violence cases, the order of protection, which essentially states that the individual that’s targeted has to stay away from the complaining witness.
If An Order of Protection Is Issued the Complainant and the Defendant Should Refrain from Making Contact
Often times my clients don’t understand that the complaining witness and the client may reconcile or put their problem behind them, but once an order of protection is issued the client is now under the order of the court not the complaining witness, and even if the complaining witness wants contact with him or her, the court has stated that they have to stay away from the complaining witness. Often times clients don’t understand why the court would get involved at that point when the complaining witness wants to see him or her again.
Often times what could be a very small case becomes more serious when the client violates the order of protection by having even the slightest contact, initiating the slightest contact with the complaining witness, and then they would be arrested for second case, which is violation of the order of protection.
Factors Which Determine the Seriousness of Charges in a Domestic Violence Case
Interviewer: What determines whether an assault in a domestic violence case is a first or second degree, what are some of the factors?
Lisa Pelosi: Sure. It would be if a weapon is used, and a weapon can be deemed to be even a stick or something you have in your hand, it doesn’t have to be a weapon like a gun or a knife, and also what’s looked at is what type of injuries are incurred by the complaining witness. The more serious the injury, the more serious the assault, use of weapon elevates the crime.
Impact of Domestic Violence Charges on an Individual’s Life
Interviewer: If I had a case that was dismissed how would that affect my employment anyway? Would they understand typically? How do you see clients cope with a domestic violence on their record?
Lisa Pelosi: In general any assault cases no matter who the victim is potential employers would not take favorably the fact that there is an assault case, but if you can get it dismissed then the record would be sealed and you wouldn’t have a problem, but clearly any assault is looked at as a violent crime and employers or future employers would be hesitant to hire you and hesitant to keep you on a job.
That’s why one who’s arrested for that, as with any assault, needs to really work very closely with their criminal defense attorney to try to get the case dismissed.
