Domestic Violence Charges

Domestic Violence charges are taken very seriously.  Even though they are typically charged as misdemeanors, the consequences can be pretty serious impacting your rights long into the future. 

If you have been charged with Domestic Violence, you probably have many questions and concerns about your case such as:

•   Will I go to jail if I’m Convicted?
•   How do you defend a Domestic Violence Case?
•   What are the Penalties for a Conviction for Domestic Violence?
•   Will I be Permitted to Contact my Domestic Partner?

Domestic violence calls are made for a variety of reasons.  Many times the call is justified.  On the other hand, domestic violence calls are often made through ignorance of the consequences of such a call, or for malicious purposes aimed at punishing a spouse or protecting the true aggressor from criminal prosecution.  
Unfortunately, once the police are called to the scene, the police will file a criminal complaint.  Most of the time, they will take one of the parties into custody.  They will not attempt to work through issues at the scene.  They are not there for marital counseling.  The result is that domestic violence charges are often filed simply because one of the parties inadvisably called the police not understanding the role of the police once they arrive on the scene.  

On other occasions, the aggressor actually makes the call to the police as a sort of preemptive strike.   On many occasions, the police will act upon the initial call arresting and charging the alleged aggressor.   They frequently will not even listen to the other side rewarding the calling party for making the call despite the fact that an innocent person is now facing very serious domestic violence charges. 

Then there are the most egregious situations of all where a person calls the police out of sheer malice knowing full well the charges are false.  In fact, these can be the most difficult cases of all since someone that will lie to the police will often also lie to the court, the prosecutor and a jury.  These cases demand significant legal and investigative efforts in order to protect the wrongfully accused client. 

In short, the police often get it wrong.  Many prosecutors now have a policy against dismissing domestic violence no matter what the facts.  It is unfortunate but you should know this as you prepare for the coming months in your case.  It is generally necessary to push the prosecutors all the way to the day of trial to get a reasonable disposition.  Your only recourse may be to take the case to trial.  If the facts will not convince the prosecutor, then you must present the facts to a jury. 

It is long and stressful process.  There is little rhyme or reason as the prosecutors apply their blanket policies against dismissing domestic violence charges to all cases, no matter what the facts may be.  Knowing what to expect, and preparing for every possibility will help ease the stress of the process to come.  

Time is of the Essence!

• If you have not yet been arraigned, most judges will allow you to waiver your arraignment in misdemeanor cases through a Waiver of Appearance.   Failure to file the Waiver of Appearance in time will result in mandatory attendance at the arraignment. 
• You have ten days from arraignment (or waiver of arraignment) to excuse the judge presiding in your case with the filing of a Peremptory Recusal. If you miss the deadline, you are stuck with the assigned judge.
  

It is important to act quickly in a Domestic Violence case.  Once you get past these early deadlines, many other deadlines begin to run.  They are very important and are generally for your protection.  Delay can result in missed opportunities for your defense.

You can contact us now by filling out the form on this page or by giving us a call.  We will be glad to discuss your case with you so that you can make informed decisions in this difficult situation.