A domestic violence arrest can be traumatizing for everyone involved. Understandably, you may feel unsettled and confused if law enforcement interferes with your home life, arrests you in front of everyone, and accuses you of harming those you love. However, it would be best if you remained calm and collected. You are past the point where you’ll be able to talk yourself out of trouble. Furthermore, anything you say could be used against you in court. So, your best action is to exercise your right to remain silent and call a domestic violence attorney as soon as possible.
An attorney can provide the skilled proactive defense necessary to shield you from the worst repercussions of a criminal charge of domestic assault. A lawyer can represent you in challenging a permanent restraining order, as well. Or, an attorney can defend you on any charges stemming from the violation of a protective order.
Domestic Assault Is A Substantial Allegation
An act of domestic violence assault may be charged as a misdemeanor if it’s minor, like a slap, a push, or a threat of violence not carried out. Or, it may provoke felony charges if the abuse caused a severe or lasting injury. Child care workers, teachers, and others may lose their jobs or professional licenses. You could lose your right to own and carry a gun– which is a career-ending issue in the military or police force.
Domestic violence allegations also have consequences in divorce and custody disputes. A domestic violence lawyer that practices in family law can protect your rights and best interests in both the family and criminal courts. When accused of domestic violence, you may feel as if no one you can rely upon or trust. An attorney will review your case carefully and determine what legal defenses you may have. From there, your rights will be defended throughout the criminal justice process.
Domestic Violence Calls Typically Result in Arrests
When law enforcement responds to a domestic violence call, their priority is separating you from the alleged victim. This not only serves to stop the supposed violence but gives them the opportunity to question each individual separately. If the questioning leads the police to believe domestic violence has occurred, you will likely be arrested. If the individual making the complaint (the complainant) has physical injuries, this can worsen the situation.
You can’t talk yourself out of anything at this point, so it’s unwise to try. If the complainant makes what seems to be a credible accusation, the police officer will likely arrest you and book you in jail–no matter how credible your self-defenses may be. Plus, if your story is different from the complainant’s, it may be held against you later on. The standards for making domestic violence arrests are extremely low to protect the victims, which is understandable. Fortunately, the standards that prosecutors need to secure convictions are much higher.
How to Fight a Domestic Violence Accusation
A prosecutor needs to prove you are guilty beyond a reasonable doubt. The less you say to law enforcement, the less evidence the prosecutor has to use against you. Indeed, you may feel defeated after a domestic violence arrest. Still, if you can remain quiet, reasonable, and then enlist the help of an experienced lawyer, you stand a good chance of avoiding a conviction.