An arrest for domestic violence can affect your life in many ways. An argument with your spouse or another family member may have gotten out of hand, and police may have been called to deal with the situation. In these situations, officers will often arrest the person who they thought was the more aggressive party involved in the argument. After an arrest, you may have been taken into custody, charged with a criminal offense, and held in jail overnight. After your release, you may be wondering what to do next.
Allegations of domestic violence are treated seriously by law enforcement officials. You may be unsure about how to proceed and how to avoid long-term issues related to your criminal charges. Even if you and anyone else who was involved want to resolve the situation privately, criminal proceedings may still move forward, so you will need to understand your options for defense.
Common Criminal Charges in Domestic Violence Cases
People are also reading…
Domestic violence generally involves crimes committed against a spouse, another family member, a person living in the same home as the alleged offender, or a current or former dating partner. However, in many cases, domestic violence may not be a separate criminal offense. The crime that may be charged in your situation may depend on the accusations against you, the severity of any injuries that occurred, and any prior arrests or convictions for violent crimes.
Many domestic violence arrests lead to charges of assault and/or battery. The specific offenses will depend on state law, but they will typically involve claims that you engaged in physical actions like hitting, pushing, slapping, throwing objects, or threatening to harm a family member. Assault charges may be based on threats or intimidating actions, while battery charges may be based on physical contact, including acts that led to injuries or acts that were considered to be aggressive or insulting.
Charges of assault or related offenses may be more serious if your actions allegedly led to injuries for a family member. Injuries that could lead an assault and battery offense to be charged as a felony include broken bones, traumatic brain injuries, strangulation injuries, or cuts and lacerations:
Domestic violence cases may sometimes lead to accusations of offenses that do not necessarily involve physical assault. Depending on the circumstances, you could be charged with an offense such as harassment, stalking, false imprisonment, property destruction, or disorderly conduct.
Court Appearances and Release Conditions
After an overnight stay in jail, you may appear before a judge for an initial hearing called an arraignment. During this appearance, the judge will typically inform you of the charges, put bail or release conditions in place, and schedule future court dates during your case. The judge may also issue a protective order or restraining order. In some cases, you may be required to pay bail before you can be released, and the conditions of bail may affect what you can do or where you can go while your criminal case is ongoing.
Understanding Orders of Protection
A judge may issue an order of protection, which is sometimes called a restraining order or protective order, if they believe that restrictions will be necessary to protect against future domestic violence. This order is meant to provide protection in situations where family members may be at risk of harm due to domestic violence, harassment, intimidation, or threats. Even if an order of protection is not issued at the arraignment, the alleged victim may request a protective order in a family court or another civil court.
A protective order is meant to prevent any further acts of domestic violence from taking place. It may place a number of restrictions on you, including:
- Prohibiting you from contacting your spouse, other family members, or an alleged victim of domestic violence
- Requiring you to stay away from your family home, your spouse’s workplace, or your children’s schools
- Forcing you to surrender any firearms you own and restricting you from possessing firearms while the order is in effect
- Placing temporary child custody and/or child support orders in place
- Requiring you to attend counseling for anger management or domestic violence prevention
If you violate any terms of an order of protection, you may face additional criminal charges. You may need to find temporary housing if you will not be allowed to return to your home. Compliance with the order will be important during your case, since violations could lead to penalties, and they could affect the criminal charges related to domestic violence that you are facing.
Civil Lawsuits Related to Domestic Violence Injuries
In addition to criminal charges, you could face a lawsuit related to the harm that you allegedly caused to the alleged victim of domestic violence. A civil case will focus on the damages that occurred, and you could be required to pay compensation for injuries, property damage, or any other financial or personal losses that occurred because of your alleged actions. The alleged victim may seek compensation for medical bills, financial losses, or emotional trauma.
Long-Term Consequences of Domestic Violence Charges
A domestic violence arrest can affect many areas of your life. You may experience problems with family relationships, employment issues, difficulty finding housing, or damage to your reputation. If you are convicted, you may face a jail sentence, fines, probation, mandatory counseling programs, and other penalties. An order of protection may affect your ability to maintain custody of your children while having an impact on other areas of your life.
Because of the legal concerns and personal effects of an accusation of domestic violence, you may need to receive legal representation from an attorney who can help you address these issues. A criminal defense lawyer can provide guidance on the steps you can take to defend against a conviction and minimize the impact that these charges may have on your life.
