What If Charged With Domestic Violence


What Are Some Other Things People Do That Might Make Their Situation Worse, Before, During Or After An Arrest For Domestic Violence?

Again, in terms of the uninvited contact for violating the conditions of release or order of protection, that’s number one and not getting a lawyer will be the second.

Going to court by themselves would be another mistake, particularly getting back to the justice courts because they go there and they talk to the prosecutor and they say, “Oh, we can resolve it today. All we’ve got to do is plead to the charge, then it’s guilty and that’s the end of it”.

So, generally, there are two things – one is, again, violating the orders and secondly, not getting a lawyer. Those are the two worst mistakes that people make.

Why Do People Think They Don’t Need A Lawyer? Do They Think, “Hey, if I tell the truth, it will all go away”?

Yes, and secondly the thought is it’s hard to imagine something that grows out of an ongoing relationship, let’s say, going on 20 years and where ‘the two of us”, the victim and the defendant, need each other so much, it’s hard to imagine it’s suddenly something minor.

Taking an example, let’s say it’s a criminal damage, you get into an argument in a house over something and you break a vase and the neighbors hear it, call the cops and suddenly, you’ve got a domestic violence charge. It’s hard to imagine that, having serious consequences against your life but they do.

That’s one of the most common misperceptions people have that, “How can something that just grew out of our normal relationship and nobody got hurt, how could that adversely affect us?” but it certainly can.

Another good example is, let’s say that the defendant is not a citizen, is an alien, the victim is maybe the same thing, an alien, but the children are American citizens. If it’s a crime involving violence, and not just simply the label domestic violence but an assault, misdemeanor assault, punching somebody with intent to harass, annoy or provoke, class 3 misdemeanor, that’s violence.

In this case, if the father is defending, they end up getting deported, even though the children are Americans. So, again, the consequences can become very, very serious, even though it doesn’t seem that way; “How could it turn that way if it’s just out of our normal relationship?”

Those are some misperceptions that people have.

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