Protecting Your
Rights And Future

Charged With Domestic Violence Or Abuse? Get Defense Now.

Arguments and fights between domestic partners or other close family members can turn ugly and result in legal difficulties with serious repercussions. You have no time to waste if you have been charged or arrested on suspicion of domestic violence or abuse.

You may be taken to jail. You may then be named in a restraining order and lose access to your home or children. Worst of all, you may end up with a criminal record that can haunt you for years to come.

At Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C., we apply a sense of urgency to our representation of people charged with domestic violence. We understand that case resolutions can be complex but that timely action is essential.

We work to keep our clients out of jail while preparing to defend them before prosecutors, judges and juries.

Keep These Defenses In Mind After A Domestic Violence Arrest

If your wife, girlfriend, husband, boyfriend or next-of-kin in your household called the police during an altercation, they may later recant and urge the law enforcement officers to drop the case. But police officers rarely leave the scene of a domestic violence call without arresting someone.

Once the government has gotten involved in your domestic disputes, you will need legal counsel to overcome the obstacles that may result from the arrest. It will do no good for your domestic partner to say they have changed their mind after calling for help.

However, a close examination of your love or family relationship(s) may reveal a pattern of out-of-control anger leading to domestically abusive behaviors. Taking part in anger management training may become a tool in your toolkit as you seek a way around your criminal charges. On the other hand, you may have been falsely accused as a domestic abuser with no evidence to back up the accusation. A case dismissal, reduction in charges or acquittal at trial may bring the justice you need. A skilled defense lawyer on your side is essential.

No matter what the facts are in your criminal case, at our firm, we will work hard to discover a path to resolution. We will do what we can to put you on a fast track back to a normal pace of life and a way for you to avoid a criminal record.

Is Domestic Violence A Misdemeanor Or Felony In Iowa?

Domestic violence offenses in Iowa can be classified as either misdemeanor or felony charges, depending on the circumstances of the case:

  • Misdemeanor charges: These typically involve first-time incidents, minor injuries or threats of violence without actual physical harm. For instance, situations such as slapping, pushing or verbal threats that cause no injuries are often classified as misdemeanors.
  • Felony charges: These may apply in cases involving severe injuries, repeated offenses or the use of a deadly weapon. Examples include assaults resulting in broken bones, permanent injuries or a history of prior convictions for domestic violence.

Penalties for misdemeanors often include:

  • Short-term jail time
  • Fines
  • Mandatory counseling

Felony convictions carry harsher consequences, such as lengthy prison sentences, substantial fines and the loss of firearm rights. These penalties can also affect child custody arrangements and employment opportunities.

What Are Some Common Mistakes People Make When Facing Domestic Abuse Accusations?

Many individuals make critical errors after being accused of domestic abuse, which can worsen their legal situation. Common mistakes include:

  • Violating protective orders: Failing to take restraining or no-contact orders seriously can result in additional charges. Even unintentional violations, such as contacting the alleged victim through a text or mutual friend, can lead to jail time.
  • Speaking to law enforcement without an attorney: People often believe they can explain their side of the story to clear up misunderstandings. However, any statements made without legal guidance can be used against you in court.
  • Ignoring court dates or court-ordered programs: Failing to comply with court-ordered anger management or other requirements can harm your case and lead to additional penalties.

A skilled lawyer can help you understand the terms of protective orders, guide you on how to navigate court requirements and develop a defense strategy suited to your case.

What If The Accusations Are False?

False accusations of domestic abuse can arise from spite, custody disputes or efforts to gain an advantage in family law cases. Steps to defend against false accusations include:

  • Investigating inconsistencies in the accuser’s story
  • Uncovering motives for making false claims
  • Highlighting a lack of evidence

With a skilled attorney, you can challenge the accuser’s credibility and pursue a dismissal, reduction of charges or acquittal at trial.

Get A Domestic Abuse Attorney On Your Side Now

We are eager to hear your story and work with you to develop a defense strategy for your future’s sake.

To schedule a free consultation, call 319-359-6492 or send an email inquiry.

Notable Cases

Cedar County AGCR024516 — PLEA OFFER ACCEPTED — Attorney Shawn Fitzgerald’s client was accused of the crime of Operating a Motor Vehicle While License is Barred as a Habitual Offender §321.560/ §321.561/ §321.555 /§321.556 (An Aggravated Misdemeanor), as well as Failure to Use Child Restraint Devise §321.446 (A Scheduled Violation). Attorney Shawn Fitzgerald was able to secure a plea offer satisfactory to both client and state.

Notable Cases

Muscatine County AGCR057733 — PLEA ACCEPTED, CHARGE REDUCED — Attorney Shawn Fitzgerald’s client was accused of Domestic Abuse Assault §708.2A(2)(b) (A Serious Misdemeanor). An initial plea offer stated the client would have to plead guilty as charged, attorney Shawn Fitzgerald worked for a better offer for his client. The client was able to plead guilty to an amended lesser charge of Disorderly Conduct §723.4(2) (A Simple Misdemeanor).