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Domestic Violence Charges & Military Service

Interviewer: I have read somewhere that there is a rise in military domestic violence cases. Would you say that you encounter those types of cases? Do they face different consequences?

If an Individual Enlists and Then Is Arrested on a Domestic Violence Charge, Their Admission into the Military May be Declined

David: There are no military bases in New Hampshire. There are individuals who have enlisted and then before they are sent off they get arrested. That results in them having their formal admission into the military delayed until the criminal case is resolved. If the case is resolved adversely, they might very well not be accepted into the military.

Military Members May Return from Deployment Having Developed Post-Traumatic Stress Disorder

There are individuals from military service who come back from deployment with social issues that they didn't have before they went over there. Either that or they've developed a drug addiction or they come back with post-traumatic stress disorder in various degrees, which results in personality changes. This may also increases the possibility that the individual might make a bad choice and engage in domestic violence, which would probably need to be addressed at any counseling session that might take place.

Do Drug and Alcohol Abuse Often Have a Role in a Domestic Violence Offense?

Interviewer: Now you have mentioned something about maybe having some alcohol or drug-related, if alcohol and drugs are related in a domestic violence case, from your standpoint does this make a case easier or harder to defend?

If Substance Abuse Is Suspected, the Prosecutor Will Require Mandatory Treatment

David: Easier or harder? Same difference. From a negotiation point of view, it adds an extra wrinkle in the sense that the prosecutor's more likely to require treatment of some sort above and beyond the domestic violence batterer intervention or anger management counseling.

Frequently alcohol is involved and in those cases the prosecutor might request that the individual undergo a LADAC evaluation. That will be performed by a licensed alcohol drug abuse counselor who administers an evaluation to assess if the person has a problem or not and then how significant it might be. They will also develop a treatment program.

Then the client, if they receive a suspended sentence, they must comply with what's been recommended as a condition of their suspended sentence. Alcohol and drugs fuel all sorts of criminal offenses. The impaired judgment results in people making decisions that they regret the morning afterwards.

Office Location

David Horan, Attorney at Law
212 Coolidge Avenue
Manchester, NH 03102
Phone: 603-483-3417
Toll Free: 800-737-3809
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