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3 things to do after being charged with domestic violence

On Behalf of | Oct 29, 2024 | Domestic Violence |

Domestic violence is a criminal offense that involves physical altercations between certain parties. Married spouses, non-married romantic partners, roommates and family members can face domestic violence charges if an argument becomes a physical incident.

Sometimes, one of the people involved calls the police in the heat of the moment. Other times, passers-by or neighbors are the ones to involve the authorities. Police officers responding to domestic violence calls may then decide to arrest one of the people involved even if the other party does not want to prosecute them. Domestic violence accusations can lead to concerning penalties and a criminal record that could hold someone back for years to come.

What should people facing domestic violence charges do after their arrest?

Get legal guidance

People under arrest have the right to communicate with an attorney. Doing so before submitting to police questioning or responding to pending charges is often in a defendant’s best interests. An attorney can advise them of their options and guide them through their interactions with law enforcement so that they don’t fall victim to manipulative tactics employed by law enforcement professionals.

Review the state’s evidence

In some cases, the only evidence that the state may have is a police officer’s statement about what they saw when they responded to the call. Other times, there might be a history of calls to local authorities or medical records that seem to support the allegations of domestic violence the defendant faces. Understanding the basis of the prosecutor’s case is crucial for responding effectively to the pending charges.

Comply with any restraining orders

In some cases, the other party involved in an incident may ask the court for a restraining order. The defendant may need to find an alternate place to live and may need to abide by prohibitions on communication with the other party until the resolution of their charges. Other times, a judge may order them to limit their contact with the other party pending the resolution of the case in criminal court. Following those restrictions carefully is crucial for the legal protection of an individual facing domestic violence charges. Allegations of violating a restraining order or court orders may worsen their circumstances.

Responding appropriately to pending domestic violence charges can help people avoid the worst-case scenario. There may be a variety of potential defense strategies available if defendants avoid mistakes that limit their options.