Criminal Defense
Dothan Domestic Violence Defense Lawyer
A domestic violence accusation can affect where you live, who you can talk to, and your time with your children, sometimes before you ever see a judge. We help you understand the rules you must follow now and the options ahead.
The short answer
In Alabama, domestic violence is charged in the first, second, or third degree when an assault or certain other offenses involve a spouse, former spouse, family or household member, co-parent, or dating partner. Courts often order no contact as a condition of bond. Only the prosecutor or the court, not the alleged victim, can dismiss the charge.
- Charge levels
- First, second, and third degree
- Third degree
- Generally a misdemeanor for a first offense
- Who can dismiss
- Only the prosecutor or the court
- Most important rule now
- Follow every no-contact condition exactly
What should I do if I am accused of domestic violence in Dothan?
If you are accused of domestic violence in Dothan, the most important things to do right away are to avoid all contact with the alleged victim, follow every court order and bond condition exactly, and talk to a defense lawyer. Domestic violence accusations are emotional and often happen between people who share a home, children, or finances, which makes those rules hard to follow. Following them anyway protects you.
- Do not call, text, message, or visit the alleged victim, and do not ask friends or family to pass along messages.
- Read your bond paperwork carefully and follow every condition.
- Arrange a safe, lawful way to get your belongings if you cannot return home. A lawyer can help with this.
- Save texts, call logs, emails, photos, and social media messages. Do not delete anything.
- Write down what happened and who may have seen or heard it.
- Do not post about the situation online.
What counts as domestic violence in Alabama?
In Alabama, domestic violence is generally an assault, menacing, harassment, criminal mischief, or certain other offenses committed against someone with a qualifying relationship. Those relationships generally include:
- A current or former spouse
- A parent, child, or other family member
- Someone you have a child with
- A current or former household member
- Someone you have or had a dating relationship with
The relationship is what turns an ordinary charge, such as third-degree assault, into a domestic violence charge with different consequences.
What is the difference between first, second, and third degree domestic violence?
Alabama grades domestic violence in three degrees that generally track the underlying offense:
| Charge | Generally based on | General classification |
|---|---|---|
| Domestic violence, third degree | Offenses like third-degree assault, menacing, harassment, or criminal mischief against a covered person | Misdemeanor for a first offense |
| Domestic violence, second degree | Offenses like second-degree assault, or certain other serious offenses, against a covered person | Felony |
| Domestic violence, first degree | Offenses like first-degree assault or aggravated stalking against a covered person | Felony, more serious class |
Prior domestic violence convictions can increase the level of a new charge and add mandatory jail time. Sentences can also be enhanced when an offense occurs in the presence of a child or violates a protection order.
Alabama-specific: Once a domestic violence charge is filed, only the prosecutor or the court can dismiss it. Even if the alleged victim wants the case dropped, contacting that person to discuss it can violate your bond and create new charges.
Can the alleged victim drop the charges?
No. The case belongs to the State of Alabama, not to the person who made the report. The prosecutor decides whether to move forward, and the court decides whether to dismiss. The alleged victim’s wishes may be one factor the prosecutor considers, but they do not control the outcome.
This surprises many people, especially when the alleged victim regrets calling the police or says the report was a misunderstanding. If that is your situation, let your lawyer handle it. Your lawyer can communicate with the prosecutor in a way that does not put you at risk of violating a no-contact order.
What are no-contact conditions and protection orders?
A no-contact condition is a rule set by the criminal court, usually as part of your bond, that prohibits you from contacting the alleged victim. A protection from abuse order is a separate civil court order that the alleged victim may request. You can be subject to both at the same time.
Bond and no-contact conditions
After a domestic violence arrest, a judge typically sets bond conditions that may include no contact, staying away from a home or workplace, and sometimes surrendering firearms. These conditions apply even if you share a home or children with the other person. Your lawyer can ask the court to modify conditions when there is a good reason, such as arranging contact about children through a third party.
Protection from abuse orders
Under Alabama’s Protection from Abuse Act, a person can ask a court for an order that prohibits abuse and contact, removes someone from a shared residence, and addresses temporary custody, support, and firearms. A temporary order can be issued quickly, often without the other side present. A hearing is then generally scheduled where both sides can be heard. That hearing matters: what is said there can affect the criminal case, and the order that results can last a long time.
Violating a protection order or a no-contact condition can lead to arrest and additional charges, even if the protected person invited the contact.
How can a domestic violence charge affect my life outside court?
Domestic violence cases can affect several parts of your life at once:
- Firearms. Federal law generally prohibits gun possession by people convicted of a qualifying misdemeanor crime of domestic violence and by people subject to certain protection orders.
- Children. A charge or protection order can affect custody and visitation, especially if a divorce or custody case is pending.
- Housing. No-contact conditions may keep you out of your own home for a time.
- Employment. Some jobs, including those requiring a security clearance or professional license, can be affected.
Because these issues overlap, our criminal defense and civil litigation attorneys can work together when a protection order hearing, divorce, or custody matter is connected to the criminal case.
How can a domestic violence charge be defended?
Domestic violence cases are often built on one person’s account of a private moment. A careful defense looks at the full picture, including:
- Whether the alleged victim’s statements are consistent over time and with the physical evidence
- Texts, call records, and messages before and after the incident
- Whether you acted in self-defense or to protect someone else
- Whether there was a motive for a false or exaggerated accusation, such as a pending custody dispute
- Body camera video and 911 recordings
- Whether the injuries, if any, match the account given
Depending on the facts, a case may be dismissed, reduced, resolved through a program such as a batterer’s intervention or anger management course, or taken to trial. We explain each option honestly so you can decide what is right for you.
Who will handle my case?
Raynor Clifton, a former Houston County prosecutor, handles the criminal side of domestic violence cases. Niki Pierce, the firm’s managing partner, focuses on civil litigation and holds a State of Alabama Domestic Violence Mediation certification, which can be useful when a protection order or family court matter is part of the picture. Everything you tell us is confidential.
Frequently asked questions
What should I do if I am accused of domestic violence in Dothan?
Do not contact the alleged victim, even to apologize or explain. Follow every court order and bond condition exactly. Save texts, emails, photos, and other evidence, and speak with a lawyer as soon as possible.
Can the alleged victim drop domestic violence charges in Alabama?
No. Only the prosecutor or the court can dismiss a criminal case. The alleged victim's wishes may be considered, but they do not decide the outcome, and the case can continue even if that person does not want it to.
What happens if I violate a no-contact order or protection order?
Violating a no-contact condition or a protection order can lead to arrest, new criminal charges, and revocation of your bond. This is true even if the protected person contacts you first or agrees to the contact. Follow the order exactly until a judge changes it.
What is a protection from abuse order in Alabama?
A protection from abuse order is a civil court order that can prohibit contact, require someone to stay away from a home or workplace, and address temporary custody and firearms. A temporary order can be issued quickly, and a hearing is usually scheduled afterward where both sides can present evidence.
Will a domestic violence charge affect my right to own a gun?
It can. Federal law generally prohibits firearm possession by people convicted of a qualifying misdemeanor crime of domestic violence and by people subject to certain protection orders. Alabama law also has its own restrictions. A lawyer can explain how this applies to your situation.
Is domestic violence a felony in Alabama?
It depends on the degree. Domestic violence in the third degree is generally a misdemeanor for a first offense. Domestic violence in the second and first degree are felonies, and repeat offenses can raise the level of the charge.
