Important Tips if You Have Been Charged With Domestic Violence

Hello, my name is Steve Adams, Steven R. Adams, not-guilty Adams. If you're watching this video, it's because you or a family member have been charged with domestic violence. It's important to listen carefully so you understand what will happen throughout the case after you've been arrested.

What is Domestic Violence?

Domestic violence involves someone allegedly causing or attempting to cause physical harm to a family or household member, such as your wife, spouse, or someone you live with in a boyfriend/girlfriend relationship. The state must prove that you're living together. They can show this with evidence such as mail addressed to you at the residence or statements from neighbors. Additionally, recklessly causing physical harm to a family or household member can also lead to charges.

Serious Charges

If you allegedly cause serious physical harm, you'll be charged with felonious assault and domestic violence, which is a felony. Keep in mind, if you have a prior misdemeanor domestic violence conviction and face another charge, it will be treated as a felony.

How Domestic Violence Cases Start

Typically, someone will call 911—whether it's a spouse, neighbor, or child. Once the 911 operator receives the call, the police will arrive at the scene within minutes.

What Should You Do if Police Arrive?

If you are not the perpetrator, stay at the scene. If you are the perpetrator, stay at the scene as well. Leaving could lead the police to believe you're guilty. Remain calm, go outside to cool off, and wait for the police.

When the police arrive, do not talk about the situation. You have the right to remain silent, even if you are not under arrest. The police will determine whether there is probable cause to arrest you. Probable cause is not proof beyond a reasonable doubt, but it is enough for an arrest to be made.

Police Questioning

If you believe you may have caused harm or threatened someone, do not speak to the police. Anything you say can be used against you. The police may try to piece together bits of information to use against you later. If you plan to present a defense such as self-defense or defense of others, save that for your lawyer and the court.

If you are sure you did nothing wrong, you can state, "I didn't do anything wrong, and I didn’t commit this crime." This will leave it to the police to gather enough evidence to charge you.

Bias and Evidence Collection

Keep in mind that police may have a bias based on who made the 911 call, often assuming the caller is the victim. The police are also wearing body cameras and may separate those involved to gather statements, while cruiser cams could record the entire incident. Remain calm, cool, and collected, and refrain from making any statements to the police.

The Arrest Process

Once the police determine probable cause, you may be arrested. You will be handcuffed and transported to jail for processing. At the jail, a pretrial services worker will gather information to prepare for your arraignment and bond hearing.

Arraignment and Bond Hearing

At your arraignment, the judge will review a pretrial services report, which includes information about your criminal record, whether the victim required medical attention, and witness statements. The judge will then determine your bond. If you're a first-time offender with no record, you may receive a low or own-recognizance bond. A higher bond may apply if the victim is at risk or if injuries were severe.

Conditions of your bond may include house arrest, wearing an ankle bracelet, or electronic monitoring. A temporary protective order (TPO) will likely be imposed, requiring you to stay away from the victim and refrain from contact. Violating the TPO will result in consequences.

What Happens After Your Bond is Set?

Once you're out of jail, you may need to abide by probation conditions, attend counseling, and stay away from the victim. A skilled lawyer will help you navigate these conditions and work on building your defense.

Trial and Potential Outcomes

Your lawyer will explore all potential defenses, including whether you have an alibi or whether the accusations are fabricated. Your attorney will review the evidence, including the victim's history, to establish a solid defense.

If you're convicted, you will be unable to possess a firearm, and a domestic violence conviction cannot be expunged from your record. This can have long-term implications on employment and your future.

Conclusion

Domestic violence cases carry serious consequences, including jail time, fines, probation, and loss of firearm rights. It’s crucial to work with a lawyer who understands the complexities of your case and can help present the best defense. If you are charged with domestic violence, contact us to get the legal support you need.