If you are arrested for Domestic Violence, you not only face the possiblity of losing your freedom, you also face the likelihood of being precluded from your house and your family. Those arrested for Domestic Violence face and incredible burden not usually handed out for misdemeanors. Unlike many other crimes, If you are arrested for a Domestic Violence charge, you will likely be ordered to move out of your residence, (even if you have legal right to live there). This Protective Order can also preclude you from having any contact with your girlfriend, wife or mother of your child.
Once you appear in court, the prosecutors always request a “stay-away” protective order which will make it a crime for you to return back to your home. It will also make it a separate crime to attempt to contact the alleged victim. In 12 years, i’ve seen many people attempt to sidestep or ignore the court’s rules, only to be locked up and brought back to court. Handling the protective order properly is not only key to keeping yourself out of jail, its also important to resolving your underlying domestic violence charge.
An experienced domestic violence attorney can arrange for the protective order to be lifted or modified to allow for safe and non-abusive contact. Please be advised that your alleged victim is key in having the order lifted or modified, but you cannot contact the alleged victim yourself. This would be directly against the court’s order. Only your attorney can contact the alleged victim.
In certain cases, I give my client’s an option of taking some voluntary anger management classes to assist in reducing tensions and showing the court that it is safe to let the parties stay together. Some see this as a admission of guilt, but I disagree. Most judges agree that to maintain a safe and hospitable environment while charges are pending, some counseling is necessary.
Finally, my advice to most people in this unfortunate circumstance is not try to handle any of this yourself, because emotions will likely make you overreact. Leave this serious situation to a professional criminal defense attorney that handled domestic violence cases.
For a free consultation, feel free to contact me at firstname.lastname@example.org 562 907-4448
Best of Luck,