Domestic Violence Attorney

Serving Wyoming & South Dakota

Domestic violence charges can rip a family apart. If you are facing charges for family violence, you may feel like you have nowhere to turn. At Just Criminal Law, we handle domestic violence cases in Wyoming and South Dakota. We understand the emotional nature of these charges. We can help you understand the case against you, the potential consequences, and the legal process. Then we can stand up for your rights by developing a defense designed around your personal needs and goals.

Call (307) 300-2240 to schedule a free case consultation today with a Wyoming domestic violence attorney today.

Domestic Violence Defense Experience

Family violence cases are sensitive for everyone involved. That is why it is essential to work with a lawyer who has experience in trying family violence cases. Our founder, Attorney Christina L. Williams, has years of experience as a criminal trial attorney. She has worked as both a prosecutor and defense attorney and has shared her experience with our domestic violence defense team so that we can best prepare to defend you and protect your family.

Types of Domestic Violence

Domestic violence takes many forms and encompasses a wide range of abusive behaviors under Wyoming and South Dakota law. These cases often involve more than just physical harm; they include emotional, psychological, and financial abuse as well. 

One of the most common types is partner or spousal abuse, where one partner attempts to exert power or control over the other through intimidation, threats, or physical violence. This can range from verbal threats to severe physical assaults, and the legal consequences are significant.

Elder abuse is another category of domestic violence. This occurs when seniors are subjected to physical harm, emotional manipulation, neglect, or even financial exploitation by a caregiver or family member. These cases are considered particularly egregious due to the vulnerability of the victims and the breach of trust involved.

There are also forms of domestic violence that involve siblings, extended family members, or household members. These can include physical altercations, harassment, or other threatening behaviors. 

Each act of domestic violence, regardless of the relationship between the parties involved, is treated seriously under the law, with penalties designed to prevent further harm and support victims’ safety. Addressing these charges requires a sound understanding of intricate legal definitions and applicable defenses.

Child Abuse

Cases of child abuse are extremely sensitive, and the lines between appropriate discipline and criminal abuse can sometimes seem thin and blurry. 

Any time a person is faced with child abuse charges, it raises many questions. 

Two questions are:

• Whether this was a case of corporal punishment
• Whether the injury was an accident

If you are facing child abuse charges, you need an experienced family violence attorney who can assess the nature of the evidence, and help you understand where you fall on the spectrum.

Domestic Violence Penalties in WY & SD

Domestic violence charges in Wyoming and South Dakota carry serious legal and personal consequences. Both states treat these offenses with severity, aiming to protect victims while holding offenders accountable. Penalties can vary depending on the circumstances of the case, the severity of the act, and whether there are prior offenses.

In Wyoming, domestic violence convictions can lead to jail time, fines, mandatory counseling programs, or a combination of these. A first offense typically results in misdemeanor charges, which may include up to six months in jail and fines up to $750. However, repeated offenses or aggravating factors like significant injuries can lead to felony charges, carrying harsher penalties and long-term repercussions.

Similarly, South Dakota distinguishes between misdemeanor and felony domestic violence cases based on factors such as intent, injury, and the presence of any protective orders. A first-time misdemeanor conviction can lead to a year in jail and a fine of up to $2,000. Felony convictions, often tied to cases involving serious bodily harm or weapon use, incur far stricter penalties, including longer prison sentences.

Both states also provide avenues for protective orders and rehabilitation programs, reflecting their commitment to addressing domestic violence comprehensively. Being informed of potential penalties is vital for anyone navigating these legal challenges.

Cross-Examination in Family Violence Trials

In a domestic violence trial, emotions often run deep as family relationships are often involved. A skilled domestic violence defense attorney can carefully navigate cross-examination to minimize the potential impact on these important relationships. 

You need a family violence lawyer who can artfully and skillfully cross-examine the alleged victim. Through years of jury trial experience, Gillette, Wyoming domestic violence defense attorney Christina Williams has developed effective techniques that have been integral to successfully defending clients in domestic violence cases throughout Wyoming and South Dakota.

Defenses Against Domestic Violence Charges

Being accused of domestic violence does not mean you are guilty. Often, there are defenses available that can protect your rights, your freedom, and your future. Our experienced team will build a defense strategy tailored to your case, focusing on challenging the evidence and exposing weaknesses in the prosecution’s argument.

Self-Defense

Many domestic violence cases involve complex situations where one party was acting in self-defense. If you were protecting yourself from harm during an altercation, you have the right to argue self-defense. We will carefully review the incident to determine if this defense applies and present evidence (such as injuries consistent with defensive actions) to support your case.

False Accusations

Domestic violence accusations can sometimes arise from misunderstandings, heated arguments, or even malicious intent. Accusers may exaggerate events, distort the facts, or fabricate allegations entirely in emotionally charged situations, such as divorce or custody battles. Our team will investigate the accuser’s statements, review their motivations, and use inconsistencies in their claims to undermine the credibility of the accusations.

Lack of Evidence

For any conviction, the prosecution must prove their case beyond a reasonable doubt. Our team will challenge the evidence being presented, including witness statements, photos, or medical reports. If the evidence is inconclusive, unreliable, or entirely absent, we will make this clear to the court, weakening the prosecution’s case.

Challenging Witness Statements and Police Reports

Witness statements can often be conflicted or influenced by emotions, making them unreliable. Similarly, police reports may include biases, errors, or omissions that can distort the incident's reality. Our attorneys will thoroughly review these documents, cross-examine witnesses, and assess the police handling of your case. These efforts are critical in identifying flaws that cast doubt on the prosecution’s narrative.

Steps to Take After Being Charged with Domestic Violence

Facing domestic violence charges is overwhelming, but your actions following an arrest can significantly affect the outcome of your case. Here are the most important steps to take to protect yourself.

1. Stay Calm and Comply During Arrest

If you are arrested, stay calm and avoid escalating the situation. Comply with the officers’ instructions, even if you believe the charges are unfounded. Resisting arrest or arguing may lead to additional charges or worsen your situation.

2. Do Not Contact the Accuser or Violate Protective Orders

One of the most critical actions to take is avoiding any direct or indirect contact with your accuser. Even if the accuser tries to contact you, responding can lead to violations of protective orders, which carry serious penalties. A violation can also undermine your defense in court.

3. Exercise Your Right to Remain Silent

Do not speak to the police or anyone else about the incident until you consult with a domestic violence attorney. Anything you say could be used against you in court. Politely inform officers that you choose to remain silent and would like to speak to your attorney.

4. Document Your Side of the Story

Write down everything you can remember about the incident as soon as possible, including timelines, locations, and specific details. Record the names of any witnesses or individuals who may have seen or heard what happened. Be thorough, as this documentation may become critical later in building your defense.

5. Gather and Preserve Evidence

If possible, collect and preserve any evidence that supports your version of events. This may include text messages, emails, photos, or videos that help provide context to the situation. Our legal team can assist in gathering additional evidence, such as surveillance footage from the scene or medical reports.

6. Avoid Discussing Your Case with Others or on Social Media

Do not share details about your case with anyone other than your attorney. This includes conversations with friends or family members. Even seemingly innocent remarks can be twisted and used against you in court. Avoid posting on social media about the case entirely, as those posts may also be used as evidence by the prosecution.

Taking these steps helps protect your rights and strengthens the foundation for an effective defense. By partnering with an experienced domestic violence attorney, you can ensure that every legal avenue is pursued to resolve your case favorably.

Get Help from Just Criminal Law

If you are accused of domestic assault or child abuse, get help from a criminal defense team who cares about your family’s needs. 

Call 307-686-6556 or contact us online to schedule your personalized case review and strategy session with a domestic violence lawyer in Gillette, WY, today. Our team is ready to meet with you so we can begin to build an effective defense strategy.

Spanish translation services are available upon request. Servicios de traducción en español disponibles.