Lehigh County, PA Domestic Violence Defense Lawyer
A domestic violence allegation can affect nearly every part of your life before a criminal case is ever resolved. An arrest may result in immediate separation from your home, restrictions on communication with family members, temporary loss of access to your children, and damage to your reputation within your community. Even when the underlying facts are disputed or misunderstood, a domestic violence accusation can create serious personal and legal consequences.
Many people are surprised to learn that domestic violence is not a separate criminal charge under Pennsylvania law. Instead, the term describes a category of allegations involving certain relationships. Prosecutors may pursue charges such as simple assault, aggravated assault, terroristic threats, harassment, stalking, strangulation, or other offenses when the alleged victim is a spouse, family member, household member, dating partner, or someone who shares a child with the accused.
If you have been accused of domestic violence in Lehigh County, the decisions you make immediately after an arrest can have a significant impact on the outcome of your case. Speaking with an experienced criminal defense attorney before making statements, contacting the alleged victim, or attempting to resolve the situation on your own is critical.
At Young, Marr, Mallis & Associates, our Lehigh County Domestic Violence Defense Lawyers represent individuals accused of domestic violence-related offenses throughout the Lehigh Valley. Our attorneys include former prosecutors who understand how these cases are investigated, charged, and prosecuted. We provide strategic defense representation while recognizing the sensitive nature of these allegations and the importance of protecting our clients’ rights, relationships, and futures.
Domestic Violence Allegations Are Different From Other Criminal Cases
Domestic violence cases often involve circumstances that make them uniquely complicated.
Unlike many criminal investigations involving strangers, domestic violence allegations usually arise between people who have an ongoing relationship. The parties may share a home, children, finances, or years of history together. A single argument, heated exchange, or physical confrontation can quickly become a criminal matter.
These cases may also involve competing goals. The alleged victim may not want charges pursued, may later provide different information, or may seek reconciliation. However, once police become involved, the decision to prosecute generally belongs to the Commonwealth rather than the alleged victim.
Understanding this dynamic is essential when deciding how to approach the defense.
How Pennsylvania Defines Domestic Violence
Pennsylvania does not have a standalone crime called “domestic violence.” Instead, domestic violence is generally used to describe criminal conduct committed against certain individuals with whom the accused has a qualifying relationship.
Those relationships may include:
- Current or former spouses.
- People who share biological children.
- Current or former household members.
- Dating partners.
- Family members.
- Persons related by blood or marriage.
The underlying criminal charge depends on the alleged conduct. For example, an accusation involving physical contact may result in assault charges, while allegations involving threats or repeated unwanted contact may lead to charges such as terroristic threats or stalking.
Because the specific criminal charge determines the potential penalties and defenses, a careful review of the allegations is the first step in developing a defense strategy.
The Arrest Process in Domestic Violence Cases
Pennsylvania law provides special procedures that apply to certain domestic violence investigations.
Under 18 Pa. C.S. § 2711, a police officer may arrest a person without a warrant when the officer has probable cause to believe that the person committed certain domestic violence-related offenses, even if the alleged offense did not occur in the officer’s presence. The statute provides specific requirements regarding the circumstances that must exist before a warrantless arrest can occur.
An arrest does not mean that prosecutors have proven the allegations. It means only that police believed they had sufficient legal grounds to take the person into custody.
An experienced attorney can examine whether the arrest was lawful, whether probable cause existed, and whether important evidence may be challenged.
Protection From Abuse Orders and Criminal Charges
Domestic violence cases frequently overlap with Protection From Abuse (PFA) proceedings.
A PFA is a civil order that may restrict contact between parties and provide other protections. It is separate from a criminal prosecution, meaning someone may face both a criminal case and a PFA matter arising from the same allegations.
Violating a PFA order can itself result in criminal charges. For that reason, individuals involved in domestic violence allegations must understand the restrictions imposed and strictly follow court orders while their case is pending.
Building a Defense in Lehigh County Domestic Violence Cases
Domestic violence allegations require careful investigation because the initial police report may represent only one side of a complicated situation.
Our attorneys examine issues such as:
- Whether the alleged conduct occurred as described.
- Whether injuries support the allegations.
- Whether witnesses provided consistent statements.
- Whether photographs, videos, or electronic communications provide additional context.
- Whether self-defense applies.
- Whether the alleged victim’s statements changed over time.
- Whether police followed proper procedures.
In some cases, the strongest defense involves demonstrating that the evidence does not support the charges. In others, the defense may involve explaining the circumstances surrounding an incident or presenting mitigating information during negotiations.
Former Prosecutors Who Understand the Commonwealth’s Approach
Domestic violence cases are often aggressively prosecuted. Prosecutors may place significant emphasis on protecting alleged victims and preventing future incidents.
Our attorneys understand this approach because some of them have worked as prosecutors. That experience provides valuable insight into how charging decisions are made, what evidence prosecutors rely upon, and how these cases are prepared for court.
We use that knowledge to develop thoughtful defense strategies focused on achieving the best possible outcome.
Domestic Violence Convictions Can Have Long-Term Consequences
A domestic violence conviction may affect far more than the immediate criminal sentence.
Potential consequences may include:
- Loss of firearm rights under federal law.
- Difficulty obtaining employment.
- Professional licensing concerns.
- Immigration consequences.
- Restrictions affecting custody matters.
- Damage to personal and professional reputation.
Certain misdemeanor convictions may also qualify as “misdemeanor crimes of domestic violence” under federal law, which can trigger firearm restrictions. Because these consequences can continue long after a case ends, it is important to consider the long-term impact of every possible resolution.
The Importance of Protecting Your Future
A domestic violence accusation can feel overwhelming, especially when it involves someone close to you. However, an accusation is not a conviction.
The prosecution still has the burden of proving each element of the charged offense beyond a reasonable doubt. A strong defense requires careful preparation, honest communication, and a thorough understanding of the facts.
At Young, Marr, Mallis & Associates, we work closely with clients to understand what happened, explain available options, and pursue a defense strategy designed around their circumstances and goals.
Frequently Asked Questions
Can the alleged victim drop domestic violence charges in Pennsylvania?
Generally, no. Once police make an arrest and prosecutors file criminal charges, the decision to continue the prosecution belongs to the Commonwealth, not the alleged victim. However, the alleged victim’s statements and cooperation may still be relevant evidence in the case.
Can police arrest someone for domestic violence without a warrant?
Yes, in certain circumstances. Under 18 Pa. C.S. § 2711, police may make a warrantless arrest for certain domestic violence offenses when they have probable cause and the statutory requirements are satisfied. Whether an arrest was lawful depends on the specific facts of the case.
Can a domestic violence conviction affect my right to own a firearm?
Yes. A conviction for certain offenses, including qualifying misdemeanor crimes of domestic violence under federal law, may result in firearm restrictions. Additionally, certain Pennsylvania offenses may independently prohibit firearm possession.
What is a misdemeanor crime of domestic violence under federal law?
A criminal offense may qualify as a misdemeanor crime of domestic violence if it is a misdemeanor under federal, state, or tribal law; has as an element the use or attempted use of physical force or the threatened use of a deadly weapon; and was committed against a qualifying person, such as a current or former spouse, parent, guardian, person with whom the defendant shares a child, or someone who has lived with or had a relationship similar to a spouse, parent, or guardian. Under federal law, a conviction permanently bans a person from owning or possessing firearms.
What happens if a domestic violence case involves assault charges?
The domestic violence designation does not replace the underlying criminal offense. If the allegations involve physical harm, prosecutors may file assault charges under Pennsylvania law, including simple assault under 18 Pa. C.S. § 2701 or aggravated assault under 18 Pa. C.S. § 2702, depending on the facts and severity of the alleged conduct.
Call Young, Marr, Mallis & Associates for a Free Consultation
If you have been accused of domestic violence in Lehigh County, it is important to protect your rights before making decisions that could affect your future. Domestic violence cases can involve criminal charges, protection orders, family concerns, and serious long-term consequences. At Young, Marr, Mallis & Associates, our former prosecutors and experienced criminal defense attorneys understand the complexities of these cases and are prepared to provide strategic, determined representation. We are available 24 hours a day, 7 days a week to help. Call today for a free consultation and let us begin protecting your rights, your reputation, and your future.