According to a domestic assault lawyer, domestic violence can refer to any violent crime against another person you have a domestic relationship with. This could be a child, romantic partners, an in-law or step-family members.
The courts take domestic charges seriously because these kinds of relationships involve solemn trust. If it happens to you or you are alleged to have committed a domestic assault, you need to look for the best domestic assault lawyer to represent you in a court of law. Here are important things you may need to know about domestic violence charges.
- Investigation of Domestic Violence Charges
Investigation begins when the victim reports the case. The police will request a statement in writing, audio or video from the witness or victim. The witnesses are interviewed and any video footage reviewed. Pictures and medical documents can also prove the assault. The police arrest the suspect right away.
- Bail Process and Conditions for Domestic Violence Charges
The alleged can stay in custody and a formal bail hearing issued to them to secure their release. The bail hearing is conducted within 24 hours, a counting that starts on the hour you are arrested. Your loved ones will not be allowed to contact you, and the police should also not give any information about you. When you are arrested, the police will provide you with some private time to speak to your domestic assault lawyer.
- Release conditions for domestic charges
With a release on bail, you can expect the following restrictions.
- Interacting with the victim
- Going near the home or workplace of the victim
- Possessing weapons
If you live together with the victim, the court will not allow you to go back until the case is resolved. You may be allowed to go and get your belongings, one time, with a police escort. If you own the house, you can hire a family domestic assault lawyer to evict the other member. If the alleged is a spouse, a no-contact condition can be imposed on them until the case is heard. This no contact can also include children.
- Penalties for Domestic Violence Assault
The punishment depends on the charge. It can be as small as a peace bond and as big as 14 years of imprisonment. However, being charged with a domestic violence assault does not mean you will receive a criminal record. If released on a peace bond, you must comply with the given terms like the no contact rule, and no weapons. A peace bond means that you have not been found guilty.
- Defending Domestic Violence Charges
Some best defenses of domestic violence charges are;
- Factual innocence- providing evidence with facts that do not support you being there
- Violation of constitutional rights- the police should follow the before, and after arrest rights, if not, you can use it as defense
- Self-defense- if you used force to defend yourself as long as you did not cause death or injury
Source: Ernst Ashurov