If there is evidence in your past of domestic violence, this information may be brought up in the current criminal trial for domestic violence charges. These prior events do not have to involve the same victim, occur close in time to one another or be related in any way to the current charge. As you may imagine, this evidence can really hurt your current case. But, a skilled defense attorney may be able to keep this evidence out of the courtroom and make sure that it is never heard in your current case.

Unfortunately, law provides that evidence of prior domestic violence may be brought into trial even if the act happened as long as ten years before the current charge. This means that evidence of domestic violence from as far back as the late 1990s can be presented at your trial. In addition, the law says that even if the past domestic violence charges did not result in a conviction, the information may still be brought in to the new trial. This means that even if you were arrested and the charges were dropped or if you were arrested and found not guilty, the evidence may be brought into the current case.

There is good news, though. If your attorney can show that the information of the previous domestic violence is more prejudicial than probative on the issues in your case, the judge may not allow the evidence to be heard. In order to get this evidence out of your current trial, your attorney may try to show that the previous conduct happened many years ago, that it isn’t relevant to the current case or that the jury may confuse the two charges.

Your past can haunt you in other ways, too. Prior domestic violence convictions can enhance your punishment if you are convicted for a subsequent offense. If you were convicted of domestic violence charges within seven years of this conviction, and you are found guilty of either a misdemeanor or a felony, the punishment is increased. If the charge is a misdemeanor, you will be sentenced to up to one year in county jail and a fine of up to $10,000. If charged with a felony, you face up to five years in state prison and a fine of up to $10,000.

A lawyer is your best resource to avoid bringing in evidence of prior domestic violence and to avoid strict penalties for subsequent convictions. It is very important that you retain the best attorney you can find. Do not delay. Your freedom depends on it.