How Serious Is A Domestic Violence Charge?

Domestic violence allegations are very serious, looking at them as misdemeanors. Most people involved in domestic violence cases have had no contact before with the law, or very limited contact, and it can have adverse consequences on their lives. Attorney Gordon Thompson tries to get the cases dismissed or to minimize the impact on their lives, so they can move on with minimal damage.

Domestic violence can have far greater consequences than many other cases like driving under the influence because there are many collateral consequences that can happen. For example, some professionals are required to have the fingerprint clearance cards issued by the Department of Public Safety in Arizona and maintain them in effect in good status. Teachers are required to do that.

An arrest for domestic violence will result in a suspension of a fingerprint clearance card and at the very least, while the case is pending, the card will remain suspended and if the person is found guilty. The card will remain suspended until the person has completed the sentence. That can be a long time because, as a condition of a sentence with domestic violence, the offender is required by law to go through a counseling program.

The counseling program will be either 26 weeks or even 52 weeks, a full year, in length. During that time period, the card will remain suspended. A teacher could be denied the right to be a teacher for over a year. In terms of other types of cases, for example, in order to go to community college in Arizona, Maricopa County community college system, you have to have a fingerprint check run and any convictions within three years for anything, including domestic violence, will bar the person from simply going to community college.

In terms of public benefits, it can have a very serious effect. The person is certainly not going to be able to get into public housing. In terms of simple landlord-tenant, they’re not going to be able to rent an apartment in many cases if the landlord insists on a criminal background check being run and it turns up the person has a domestic violence conviction.

There are many other circumstances like these, but domestic violence charges are very serious because they can have long term effects on the person’s life. In short, even the misdemeanor charges are very serious.

In terms of if the person will be held in jail without bond, the answer is No. Theoretically, that’s possible but that’s not very likely. Usually, the case begins with an arrest. With an arrest, the person could be ordered to post bond. That’s fairly common; or if they’re rearrested for a second act while the first case is pending.

While they can be held without bond on a misdemeanor charge, that’s very infrequent but they certainly could be held on a higher bond. They can’t be held without bond, that’s pretty rare, but they can be held requiring a bond.

Is The Person Prevented From Talking To Their Own Children?

That depends. In this scenario, assuming that the victim is a spouse or the children within the household, it is quite often, that is the case.

The person is prohibited from doing so because either, as a condition of release from jail, the court imposes a requirement that, “No uninvited contact with the victim” or can even do a further one, “No contact whatsoever”, which is a little rare but certainly do, “No uninvited contact” which means that unless the victim initiates it, they can have no contact with the person.

If the victim is a mother and the children are residing with the mother, then this is the same thing. That’s one way that they can’t contact them. Even if that’s not the case, if the victim separately gets an order of protection, which they are always encouraged to do once the charges have been filed, then the same sort of thing would apply.

Again, if the terms of the order of protection are, “No uninvited contact” then exactly what it says, there is no uninvited contact. If there is no contact which is pretty rare, then that would mean absolutely no contact. In short, the offender will have to assume that it’s a part of a domestic violence arrest that they’re not going to be able to have at least uninvited contact with the victim.

Are There No Orders Of Protection That Are Automatically Put In Place? Would The Victim Actually Have To Go In And Get That After A Charge Has Been Filed?

There are two ways that the same effect can be had. One is the conditions of release when somebody is released from custody. There will always be conditions; the victim doesn’t have to ask for these. As a condition of release, there will always be unless the victim says no and that’s highly unlikely. They are as follows:

Number one, “No uninvited contact with the victim” and secondly, “Don’t return to the scene of the incident”, so if it’s at home where this took place, they can’t go back, anyway. Also if the victim remains at the home, then they can’t go to the home, they can’t have any contact with her. That’s done routinely, so the victim doesn’t have to ask for that.

Another condition of release is “separately”, where a victim will additionally get an order of protection that will last a longer time period.

Orders of protection can be in effect for a year. Conditions of release are only while the case is pending. If the case is resolved after a month unless the resolution of the case includes orders prohibiting contact, unless there is an order of protection separately in effect, then that condition would end.

That’s why they encourage the person to also get an order of protection, but while the case is pending, there would certainly be conditions of release prohibiting contact.

If you are not sure about the Seriousness Of A Domestic Violence Charge in Arizona, call the law office of Attorney Gordon Thompson for a FREE initial consultation at [number type=”1″] and get the information and legal answers you’re seeking.