Facing a Serious and Sensitive Accusation

Being accused of domestic violence in Birmingham, Alabama, is an incredibly serious matter with immediate and far-reaching consequences. These charges are unique because they not only carry significant criminal penalties but also involve intense personal emotions and can tear families apart. From the moment an accusation is made, you may be forced out of your home by a Protection From Abuse (PFA) order, lose contact with your children, and face damage to your personal and professional reputation. A conviction can lead to jail time, mandatory anger management classes, loss of your right to own a firearm, and a permanent criminal record.

Given the high stakes, it is crucial to have an experienced and compassionate defense attorney who understands the nuances of domestic violence cases. At Mark Bishop Turner Attorney At Law, we know that these situations are often complex, and that false or exaggerated accusations can happen in the heat of a dispute. We provide a non-judgmental and vigorous defense, ensuring that your side of the story is heard. We will protect your constitutional rights and work tirelessly to achieve the best possible outcome for your case.

Understanding Domestic Violence Charges in Alabama
In Alabama, “domestic violence” is not a single crime but an enhancement that can be attached to another underlying offense, such as assault, harassment, or menacing. The charge applies when the alleged victim has a specific relationship with the accused, including:

• Current or former spouse
• Parent or child
• A person with whom you have a child in common
• A current or former member of your household

The charges are categorized by degree:

• Domestic Violence in the Third Degree (Class A Misdemeanor): This is the most common charge and can result from actions like assault in the third degree, menacing, criminal mischief, or harassment directed at a person with a domestic relationship.
• Domestic Violence in the Second Degree (Class B Felony): This charge applies if the act involves a more serious assault (causing serious physical injury), stalking, or witness intimidation. It can also be charged if the defendant has a prior domestic violence conviction.
• Domestic Violence in the First Degree (Class A Felony): This is the most severe charge and typically involves an assault in the first degree or aggravated stalking, often involving a deadly weapon or causing life-threatening injuries.

The Impact of a Protection From Abuse (PFA) Order
Often, a domestic violence charge is accompanied by a Protection From Abuse (PFA) order, also known as a restraining order. Even a temporary PFA can have a massive impact on your life. It can order you to:

• Immediately leave your shared home.
• Cease all contact with the alleged victim and your children.
• Pay temporary child support.
• Surrender any firearms you own.

Violating a PFA is a separate criminal offense (a Class A Misdemeanor) that can result in your immediate arrest and further complicate your primary domestic violence case. We can represent you at the PFA hearing to challenge the order and protect your rights.

Building a Strong Defense Against Domestic Violence Allegations
These cases are often “he said, she said” situations with little physical evidence. A successful defense requires a thorough investigation and a strategy tailored to expose inconsistencies and challenge the accuser’s credibility. Our defense strategies include:

• False Allegations: We investigate the motive behind the accusation. Is it being used to gain an advantage in a divorce or child custody battle? We will gather evidence, such as text messages, emails, and social media posts, that may contradict the accuser’s story or reveal an ulterior motive.
• Self-Defense or Defense of Others: You have the right to defend yourself or your children from harm. If you used reasonable force to protect yourself from an aggressor, we can build a powerful self-defense argument. We will document any injuries you sustained and identify witnesses who can corroborate your account.
• Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt. We will scrutinize the prosecution’s evidence—or lack thereof. We challenge inconsistent statements, the absence of medical records or photographs of injuries, and any other weaknesses in their case.
• Questioning Witness Credibility: We will thoroughly cross-examine the alleged victim and any other prosecution witnesses to expose contradictions, biases, or past untruthfulness.

Protect Your Rights and Your Future
An accusation of domestic violence can feel like your life is spiraling out of control. It is vital to have a calm, strategic, and experienced advocate in your corner. Mark Bishop Turner will handle your case with the seriousness and discretion it deserves. We will fight to protect your name, your family, and your freedom.

If you have been charged with domestic violence or served with a PFA in the Birmingham area, do not speak to the police or the accuser. Contact Mark Bishop Turner Attorney At Law immediately for a confidential consultation to begin building your defense.