The Unintended Consequences of Domestic Violence Convictions

Dec 22

When facing domestic violence charges, most people focus on the immediate consequences—fines, jail time, and probation. However, the ripple effects of a domestic violence (DV) conviction go far beyond the courtroom. As a Tucson criminal defense attorney, I have seen how a single conviction can profoundly impact a person’s career, family life, and future opportunities. It’s crucial to understand these unintended consequences and take steps to protect yourself and your family.

How a Domestic Violence Conviction Affects Your Career

One of the most significant unintended consequences of a domestic violence conviction is its impact on employment. Even a misdemeanor conviction can have lasting effects, particularly for individuals who work in professions requiring security clearances, government contracts, or positions of public trust.

Professions Most Affected by DV Convictions:

Government and Military Jobs: Federal employment and positions with the Department of Veterans Affairs (VA) often require background checks and security clearances. A DV conviction can make you ineligible for these roles or lead to termination from your current position.
Healthcare and Social Services: Many healthcare positions require maintaining professional licenses. A DV conviction could result in losing licensure or failing to meet employment standards.
Education and Childcare: Teachers, childcare workers, and other professionals who work with vulnerable populations can face license revocations or employment termination.
Commercial Drivers: A conviction may affect your Commercial Driver’s License (CDL) status, leading to job loss.
Law Enforcement and Security: Any profession requiring the handling of firearms can be directly impacted due to federal laws prohibiting firearm possession by individuals convicted of domestic violence.
Professional Licensing: Many licensing boards require disclosure of criminal convictions, and a DV conviction can lead to suspension, revocation, or denial of licensure, especially in fields like law, medicine, finance, and real estate.
Gig and Contract Work: Platforms like Uber, Lyft, and DoorDash often conduct background checks, which can result in deactivation for those with DV convictions.

The Financial Fallout of Losing Your Job

The loss of employment doesn’t just affect your professional life—it also has serious financial implications. Losing a stable income due to a DV conviction can make it challenging to meet financial obligations, including child support, mortgage payments, and daily living expenses. It can also damage your ability to find comparable work in the future, leaving long-term financial instability.

Impact on Family and Child Custody

A domestic violence conviction can also devastate your family life. Even if you maintain custody of your children, having a DV conviction on your record can be used against you in family court. This can make it more difficult to:

Retain or gain custody of your children.
Secure visitation rights.
Negotiate favorable terms in a divorce or custody agreement.

Family court judges consider domestic violence a serious factor when making decisions about custody and visitation. They may favor the other parent, even if the conviction was a misdemeanor or the incident was relatively minor. This can lead to strained relationships with your children and affect your ability to maintain a consistent presence in their lives.

Firearm Rights: A Critical Consequence of DV Convictions

One of the most far-reaching consequences of a domestic violence conviction is the loss of firearm rights. Under federal law, specifically the Lautenberg Amendment to the Gun Control Act of 1968, any individual convicted of a misdemeanor crime of domestic violence loses the right to possess, purchase, or receive firearms or ammunition. This prohibition is permanent and applies to both state and federal convictions.

In Arizona, this loss of firearm rights can have a significant impact on individuals who rely on firearms for their careers, such as:

Law Enforcement Officers: Officers who are convicted of domestic violence lose the legal ability to carry a firearm, effectively ending their careers.
Security Personnel: Private security guards and armed patrol officers are similarly affected, as they can no longer legally possess firearms on the job.
Military Personnel: Service members who are prohibited from carrying firearms may face discharge or reassignment.
Hunters and Sports Shooters: Even outside of professional contexts, the inability to legally own or possess firearms can severely impact recreational activities.

Importantly, attempting to possess or purchase a firearm after a DV conviction is a federal crime, punishable by up to 10 years in prison. Many individuals are unaware of this prohibition and inadvertently commit a new offense simply by trying to buy a gun.

Collateral Consequences You Might Not Expect

Beyond career and family, a DV conviction can impact other areas of your life, including:

Housing: Landlords may reject rental applications based on a criminal record, especially one involving domestic violence.
Immigration Status: Non-citizens may face deportation or denial of naturalization.
Insurance Rates: Personal or professional liability insurance premiums may increase or be canceled.
Volunteer and Community Roles: Many organizations will not allow individuals with a DV conviction to serve in leadership or mentoring positions.
International Travel: Some countries may deny entry or visas to individuals with domestic violence convictions on their record.
Social Stigma: A DV conviction can carry a lasting social stigma that affects your reputation and relationships.

Your Attorney Can’t Foresee Every Consequence

One of the most challenging aspects of handling a domestic violence case is that even the most experienced defense attorney cannot foresee every possible consequence of a conviction. While your attorney will do everything possible to minimize the impact, there may still be unexpected repercussions that only become apparent later. For example:

Professional Licenses: Some licensing boards may take action based on a conviction, even if it was a misdemeanor.
Insurance Rates: Personal or professional liability insurance premiums may increase or be canceled.
International Travel: Some countries may deny entry based on a DV conviction.
Child Support and Family Law Issues: Even long after the case is resolved, a conviction could be used against you in custody disputes or modifications.
Unexpected Legal Challenges: Civil suits related to the same incident could still arise, even after the criminal case has concluded.

Understanding that your attorney’s job is to mitigate as much as possible—but knowing that not all consequences can be predicted—is essential to navigating your case with realistic expectations.

The Importance of Avoiding a Conviction

Given these severe and far-reaching consequences, it is essential to take DV charges seriously from the outset. Hiring an experienced Tucson criminal defense attorney is the first step in protecting your future. An attorney can:

Thoroughly investigate the incident to uncover mitigating factors.
Challenge the prosecution’s evidence to reduce or dismiss charges.
Negotiate diversion programs or alternative resolutions.
Advocate for reduced charges, such as disorderly conduct, which may carry fewer long-term consequences.

Get the Legal Help You Need

Facing domestic violence charges can be overwhelming, but you don’t have to go through it alone. An experienced Pima County defense attorney can guide you through the process, develop a strong defense, and help you avoid the unintended consequences of a conviction. Don’t risk your career, family, and future—contact me today for a consultation.