Do domestic violence charges involve the civil or criminal courts?

Domestic violence charges can involve both the civil and criminal courts. The civil courts provide victims with restraining orders and other types of injunctions. The criminal courts impose jail time and fines on offenders. Domestic violence charges can include assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, and kidnapping.

In the heat of an argument, my spouse called the police. Will I be arrested?

When the police receive a report of domestic violence they will almost always make an arrest even if the complaining party doesn’t want to press charges. You’ll have an arrest record, even if charges are never filed.
Once the arrest is made, it is up to the prosecutor to decide whether or not to bring formal charges or dismiss the case. The desire of the complainant is important but it is not the deciding factor in a prosecutor going forward. There are many factors the prosecutor can consider. This is why it’s so important to have someone represent your side of the story in the legal process.

What happens if I’m charged with Domestic Violence?

Domestic violence penalties can be severe and devastating. Being found guilty of domestic violence carries serious legal consequences and can impact child custody, injunctions, pending divorces, and  your social and professional life.

Penalties can include jail time, restrictive probation or community control, and participation in Batterers Intervention Programs. It can also prohibit you from owning any weapons. The arrest record can never be sealed or expunged. If you are NOT an American citizen and are convicted of domestic violence, it can lead to deportation.

What happens if I don’t oppose a restraining order?

It is common for the alleged victim to seek a restraining order in civil court to limit contact and communication. Most times these are legitimate concerns. Unfortunately, some people abuse the legal system and use a restraining order to get an advantage in divorce or custody cases.

There can be serious legal ramifications for someone if a restraining order is entered against them. Fifth Amendment privileges against self incrimination do not apply to these proceedings and a defendant who testifies can have their testimony used against them in another criminal proceeding. The testimony in a civil restraining order court can help convict you in criminal court.

You need legal help to advise you and represent your interests in civil and criminal cases.

Do you have questions on defending domestic violence charges?

We’ve been helping good people facing tough situations like these for twenty years. We can help you too. Call us at 863.467.6570.