An individual accused or convicted of a domestic violence offense can face significant challenges, ranging from scrutiny by friends and family to possible jail time and fines. Anyone facing domestic violence charges should be aware of the possible defenses, in order to create a meaningful strategic plan that may reduce possible penalties the defendant may endure. Recently, a Major League Baseball player was arrested for domestic abuse.
In a statement issued by the Milwaukee Brewer's vice president of communications, the team acknowledged that their reliever was arrested for alleged domestic abuse and battery. Police say that the player was arrested the day after the alleged incident involving domestic abuse. The Milwaukee Brewer's statement confirmed they were aware of an arrest report, but were not aware of any charges being filed against the player.
Domestic violence has many definitions and encompasses many classifications of abuse, including physical, emotional and economic abuse. Generally, a person may be arrested for domestic violence if there is probable cause of domestic violence and the parties involved have a domestic relationship within the state's definition.
It must also be shown that the alleged act of violence fits a classification of domestic abuse, that there was a timely report of the incident - typically within 28 days - and there is reason to believe the abuse will continue if the accused is not arrested. Some states may require that there is evidence of abuse before the accused is arrested. In Wisconsin, as in some other states, there is a policy for mandatory arrests in cases of domestic violence.
Cases involving domestic violence are rarely straightforward. A person facing domestic abuse charges should act diligently in creating a defense plan because a conviction may carry significant long-term consequences. It is also important to remember that every defendant is presumed innocent unless proven guilty.
Source: Milwaukee Journal Sentinel, "Brewers' Rodriguez runs afoul of law," Tom Haudricourt, Oct. 13, 2012