Domestic violence doesn’t just mean spousal battery, but may also include vandalism, stalking, criminal threats, and annoying phone calls within a family context.  Domestic violence arrests often also have immediate consequences in family court (especially when children are involved) and ultimately on immigration status.

How Domestic Violence Cases Are Treated In Court:

If you were arrested, it is presumed that you are the perpetrator and you will be treated in court accordingly.  Crimes involving domestic violence are taken very seriously. Judges and prosecutors deal with the cases swiftly and with little sympathy or understanding.  To err on the side of caution, a judge will not question the truthfulness of the police report or the prosecutor’s judgment in filing on the first day.  

How The First Day of Court Will Go:

On the first day of court, the judge will likely impose an order for you to stay away from the alleged victim or even make you move out of the family home.  In addition, even if you are out of custody at your first court date, domestic violence prosecutors frequently push to have you taken into custody to show how far they will go to protect an alleged victim.  This means that you will have to pay bail or go into jail while you wait for your trial to happen.

Pleading Guilty To A Domestic Violence Charge Has Serious Consequences:

Pleading guilty to a domestic violence case has its own special consequences because special mandatory rules apply.  For example, when placed on probation, the law will require that you attend domestic violence counseling every week for one year.  Furthermore, a judge will almost always impose a restraining order to keep the probationer away from the victim.  While on probation, a judge will monitor you carefully before he/she will consider allowing you to resume having contact with the alleged victim.

Why No One Should Handle a Domestic Violence Case Alone:

In court, there will be a judge, a prosecutor, a clerk, a bailiff, a court reporter, and other accused individuals.  Only one person in that courtroom is going to be interested in your version of the story.  Only one person in that courtroom is on your side and will take the time to hear you out and help you.  That one person is your lawyer, so you must choose your lawyer wisely.  You need a lawyer who has the special training and experience to get you through these highly specialized criminal cases.  You need a lawyer whom the prosecutor and judge will take seriously and has the right demonstrated skills to advance your interests.