An arrest does more than disrupt your life. The legal process set in motion can lead to a permanent criminal record. Police procedures, protective orders, and court appearances may come at you quickly, leaving you little time to think.
Every decision you make after a domestic violence arrest is potentially life-changing. Wrong choices can impact visitation rights with children, ruin reputations, and destroy careers. If you or a loved one is facing a domestic violence charge, you need to take control of the situation.
During a free consultation with Wolf Law’s experienced criminal defense attorneys, you can learn the steps that follow an arrest. Our legal team does more than prepare clients for what lies ahead. We build proactive defenses to give you the best chance of a favorable resolution.
Understand the Causes of Your Arrest
First, let’s examine some suspected charges or crimes that might prompt an officer to consider making an arrest:
- Domestic violence: Any act or threatened act of violence to a past or present intimate partner (e.g., spouses, unmarried couples, parents of the same child)
- Domestic assault: The wrongful act of causing reasonable fear of imminent harm
- Domestic battery: The wrongful act of physical violence
- Sex crimes: Offenses with a sexual factual basis including sexual assault, unlawful sexual contact, etc.
- Stalking: Repeatedly following, harassing, or threatening the victim in a way that causes fear for his or her safety
- Harassment: Engaging in a pattern of behavior intended to disturb or upset the victim
- Vandalism/Criminal Mischief: Destroying or damaging the property of the victim, such as breaking windows or slashing tires
- Criminal trespass: Entering or remaining on someone else’s property without permission, especially if a no-contact or restraining order is in place
Law enforcement officers use “probable cause” to determine whether or not to arrest someone. This principle, found in the Fourth Amendment to the Constitution, protects citizens from unreasonable searches and seizures.
So police should have a reasonable basis for believing a crime may have been committed to arrest someone in most cases. Yet, the criteria for arrest in cases involving domestic violence can differ.
Suppose someone accused of domestic assault denies any wrongdoing. There is no physical evidence of bodily harm, so the police officer dismisses the issue. The accused, now furious because police were called, could cause serious injury to the alleged victim.
Some state authorities have laws to protect victims from similar circumstances. The accused might automatically face serious consequences like detention or arrest in a mandatory arrest state like Colorado. Meanwhile, law authorities gather evidence, and the alleged victim has time to find a safer living arrangement. All of this happens once the officer believes they have probable cause that a crime has occurred, even if they are not certain.
Hire a Defense Attorney Early
If you are arrested for domestic violence, you should not assume authorities have sufficient evidence for a domestic violence conviction. Yet, you do need to take your situation seriously.
Among the first things police officers say during an arrest is the Miranda Warning. Most American citizens have heard these words, considered to be part of the Fifth Amendment. Yet, few understand the importance of the statement until they deal with the criminal justice system.
“You have the right to remain silent”
Staying silent after being arrested for domestic violence is vital. Even casual remarks can be used as evidence against you.
Speaking without legal representation can lead to misunderstandings or statements taken out of context. These mistakes can make your criminal charges harder to defend later.
“Anything you say can and will be used against you in a court of law”
Police and prosecutors are trained to analyze your words. Even answers to innocent-sounding questions could be designed to get you to plead guilty to domestic violence. No matter how carefully you choose your words, you could say something that sounds like a confession or contradict yourself.
Rather than try to explain your side, request help from a professional who knows the legal system. A lawyer understands defense strategy. He or she can protect those facing domestic violence charges, including victims of false accusations. Without a lawyer backing you, you may feel pressured to act quickly and could unknowingly harm your defense.
“You have the right to an attorney”
A criminal defense lawyer acts as a guide through the complex legal process. The right to an attorney is a fundamental protection guaranteed by the Constitution. It ensures that you have a legal advocate to guide you, defend your rights, and ensure you are treated fairly under the law.
“If you cannot afford an attorney, one will be appointed for you”
A public defender is available if you cannot hire a private attorney. However, you may also choose to hire private counsel of your choice if you prefer or do not qualify financially for the services of the public defender’s office, which many do not.
“Do you understand these rights as they have been read to you?”
After you answer “yes” to this question, you should begin exercising your rights. Remaining silent and consulting an attorney right away could deter unnecessary mistakes. Acting quickly to secure a legal defense team is the first step toward regaining control.
Face Domestic Violence Charges Head-On
Facing domestic violence charges is a serious matter that requires immediate action. Ignoring the situation or waiting too long to respond can make things worse. This section will discuss some steps you can take to pursue a fair outcome.
When collecting evidence
A lawyer defending against domestic violence charges will gather evidence to challenge the accusations.
Relevant items might include:
- Social media posts
- Call logs
- Witness statements
- Medical records
- Surveillance footage
You can help by keeping detailed records. Share any messages, receipts, or documents that prove your side of the story. Following your lawyer’s advice is a wise way to support your defense.
If you need to appear in court
After a domestic violence arrest, you might need to go to court. At a bail hearing, the judge decides whether you can be released from jail and under what conditions. At an arraignment, you officially hear the charges against you.
Before this event, your lawyer can explain the pros and cons of entering a not-guilty plea. If you plead guilty, he or she can discuss the consequences.
Your lawyer may negotiate a plea bargain agreement that exchanges pleading guilty to some or all charges in exchange for improved conditions for you, such as:
- Reduced charges (e.g., felonies reduced to misdemeanors)
- Shorter jail or prison sentences
- Probation instead of incarceration
- The dropping of additional charges
- The avoidance of a trial or harsher penalties
- Keeping a permanent conviction off of your record
If your case moves forward, you must attend court dates to address pretrial matters. If no plea deal exists, your criminal case could be heard in a jury trial. Your lawyer will give attention to selecting jurors and developing your defense strategy.
If the court issues a no-contact order
A no-contact order after a domestic violence arrest is meant to stop the accused person from interacting with the alleged victim in any way, including in person, over the phone, or online. These orders thus prevent additional problems and keep both parties involved safe.
How so? Staying away can virtually eliminate further accusations of bodily harm. When a no-contact order is issued against you, you have an opportunity to demonstrate that you respect the law and want to cooperate.
What if the accuser contacts you? Contact could indicate a lack of fear of actual harm. You don’t need to respond, but make sure to save any texts, emails, letters, or other communications from this person.
Your lawyer can use these items as evidence if you are falsely accused. In some cases, there are ulterior motives behind wanting someone arrested for domestic violence. Among them are jealousy, control, or revenge.
Take Control of Your Future
Being arrested for domestic violence is a traumatizing experience. How you respond can shape the outcome of your case. While you cannot control who accuses you or whether the District Attorney moves forward with charges, you can take charge of your defense.
Start by contacting a skilled criminal defense lawyer. At Wolf Law, LLC, initial consultations are free. We pride ourselves on listening compassionately and offering practical solutions for our clients.
Your future is too precious to leave to chance. Schedule a free case review today to explore your legal options. Call us 24/7 at (720) 479-8574 or message us today.
