what happens if my lawyer gets arrested for domestic violence and stalking

What happens if you are charged with a domestic violence charge?

However, once an individual has been charged with one domestic abuse charge, the courts will view any repeat offenses as a pattern in the behavior and will act more harshly to protect the community from future domestic violence from the perpetrator. The first step in the process is that the accused person gets arrested.

Is there a link between stalking and domestic violence?

The method used to stalk someone is less important than the pattern of malicious behavior. This article explores the links between stalking and domestic violence and the laws meant to protect victims and potential victims. Stalking is defined as a pattern of behavior meant to cause fear or apprehension in the victim.

Can I get a restraining order for stalking or domestic violence?

If you're the victim of domestic violence or stalking, you may want to file for an order of protection (i.e. restraining order). The laws and procedures for obtaining a protective order also vary by state. Concerned About Stalking and Domestic Violence?

What should I do if I am stalked by someone I Love?

If you or someone you love is in danger of stalking or domestic violence, contact law enforcement. If you have questions about your state's stalking laws, speak with a skilled family law attorney who specializes in domestic violence cases. Meeting with a lawyer can help you understand your options and how to best protect your rights.

What is the relationship between stalking and domestic violence?

Domestic violence is defined as willful, malicious, and repeated following or harassing. If the stalking includes making a credible threat against a person, then it is considered aggravated stalking and is charged as a felony, with more severe punishment.

What is domestic battery Indiana?

Domestic battery involves an offender who intentionally touches a family or household member in a rude, insolent, or angry manner. An act that places bodily fluid or waste on the victim also constitutes battery.

How much time do you get for domestic violence in Indiana?

The basic offense of domestic battery is classified as a Class A misdemeanor, which carries a potential sentence of up to one year in jail and a $5,000 fine. It's important to note that under Indiana Code § 35-50-3-1, the sentence for a Class A misdemeanor may be suspended by the court.

What is the difference between domestic battery and domestic violence in Indiana?

In Indiana, domestic violence is criminalized under different sections of the law. Domestic battery is considered a crime against a family member or household member. Other criminal statutes can apply to both non-domestic and domestic crimes – trespassing, harassment, or kidnapping.

How to prosecute an abuser?

In order to prosecute the abuser, you may have to testify under oath in open court about what happened during the abuse incident in your complaint. If you have been threatened or abused at other times by this individual, it is very important to be sure to tell the police or the prosecutor about those incidents before trial.

How to report someone who has been abused?

In any case, if you have been abused, you can go to the police and file a criminal complaint against your attacker. Call your local police department to get a complaint form.

Can you withdraw a criminal complaint?

It is no longer your complaint and you cannot withdraw it. You may be subpoenaed to testify.

Can you get an interpreter if you don't speak English?

If English is your second language or you don’t speak any English, you have a right to request an interpreter to assist you with the police and in any court proceedings. Make sure to let the police and/or the court know that you need an interpret er to help you.

Can you ask police to charge a stalker?

In addition to getting protective orders, you can also ask the police to charge your abuser or stalker with one or more crimes.

What happens if you don't get convicted of domestic violence?

Even if you don’t get convicted, you will spend time in jail after your arrest while waiting to see a judge. Domestic violence charges are very serious and could result in fines, jail or prison time, and orders to stay away from the alleged victim. If you are facing domestic violence charges, read on to learn more about what they entail, ...

How long does it take to get released from a domestic violence case?

Once 48 hours pass, a magistrate may set the release conditions, but not before that. The 48 hour period begins from the time of the arrest. Once a defendant is released after a domestic violence arrest, typical release conditions include: No contact with the alleged victim, including at work, home, school, etc.

How long does it take to get convicted of assault by strangulation?

Assault by strangulation is a domestic violence felony charge. It is a class H felony, which could bring between 4 and 25 months in prison. To be convicted of assault by strangulation, prosecutors must prove that the offender committed an assault on the victim and caused an injury by strangulation.

What are the elements of assault by show of violence?

Assault by show of violence requires three elements: the defendant shows that they have the ability to inflict the injury, their actions must be ones that would make a reasonable person fearful of harm, and the victim must take actions that they would not normally take as a result of the fear (for example, leaving a location because the offender is there or taking a different way home so the offender can’t follow them).

How long is assault and battery in jail?

Any assault, assault and battery, or an affray with a deadly weapon is a misdemeanor offense that could result in 30 days in jail for the first offense and 60 days in jail for second or subsequent offenses.

What are the requirements for domestic violence?

The 48 hour period begins from the time of the arrest. Once a defendant is released after a domestic violence arrest, typical release conditions include: 1 No contact with the alleged victim, including at work, home, school, etc. 2 No assault, harassment, or threats to the alleged victim 3 Damaging or removing items from the victim’s property is prohibited 4 Child visitation may be limited 5 No alcohol consumption

What is domestic violence in North Carolina?

Domestic violence in North Carolina is the commission of one or more of the following acts against a child or adult with whom the accused has a personal relationship: Attempting to cause bodily injury. Intentionally causing bodily injury.

What happens if you are arrested for domestic violence?

When you are arrested for domestic violence charges, you may be facing a more complex legal process and harsher penalties than a defendant charged with similar offenses that do not involve domestic violence. Depending on the laws of your state, you may face enhanced sentencing and other collateral consequences like losing the right to own a firearm. When confronting domestic violence charges, defendants should seek out qualified attorneys who have experience with domestic violence cases.

Why is it so hard to defend against domestic violence charges?

Defending against domestic violence charges or penalty enhancements can be difficult because courts do not often sympathize with these defendants. If you are charged with domestic violence, it is crucial to seek the assistance of an experienced criminal defense attorney who understands your charges and how to mount the best possible defense.

How do courts protect victims?

One such way courts protect victims is by imposing temporary protective or restraining orders. These orders often come with consequences for defendants that can feel like punishments. For example, a protective or restraining order could force a defendant to leave their home if they share it with the victim. It is not uncommon for defendants of domestic violence charges to find themselves struggling for housing after a restraining order is imposed. Such an order can feel unfair as the defendant has not been tried or found guilty of any charges when the order is enforced.

What happens if you get a restraining order?

A defendant hit with a restraining order will be required to stay away from the victim for the duration of their trial. This not only means no physical contact, but no messages or phone calls either. It is typical for restraining orders to apply not only to the victim but also to their friends and family members. If a defendant shares children with the victim, they may be forced to stay away from their own children.

How long does a temporary restraining order last?

Temporary restraining or protective orders generally last only until the case is resolved and the defendant is found guilty or not guilty. However, if a defendant is found guilty, the order could be made a permanent part of their final sentence. Lifting a protective or restraining order often requires the cooperation of the victim or proof that the order is not necessary.

Do domestic violence charges involve physical violence?

Contrary to what the term implies, domestic violence charges do not always involve physical violence. Many cases involve emotional or verbal abuse between partners or spouses. Other cases may involve nonviolent yet dangerous crimes, like stalking or harassment. Examples of nonviolent domestic violence charges include a defendant who stalks their ex-partner and leaves them harassing and threatening messages.

Can you go to jail for domestic violence?

Extra jail time may be imposed for domestic violence crimes. In some jurisdictions, penalties are enhanced simply because the charges include domestic violence. For example, the penalties for assault may increase if they were related to domestic violence. In other cases, domestic violence charges carry penalties in addition to those for the initial charges. For example, you may face penalties for the assault and other penalties if a child witnessed the assault. In either circumstance, domestic violence defendants may face harsher penalties and longer prison terms.

How to deal with police when you are in a domestic violence situation?

Always be calm and respectful when dealing with the police. Don’t make any sudden movements. Keep your hands where they can be seen. Police know that responding to domestic violence calls can be dangerous and that makes them nervous. It is a bad idea to talk to the police. The police usually didn’t see incident happen. Their job is to gather evidence to prosecute the person they believe committed a crime. Sometimes they will deliberately ignore evidence that helps your case, even a broken chair your partner tried to hit you with. If you have already given a statement to the police denying any wrongdoing don’t be too discouraged. You may not have hurt your defense.

How do police investigate domestic violence?

When the police arrive at the scene of a report of a domestic violence incident, they are required to conduct an investigation and will want to interview the people involved and witnesses separately. Typically, more than one officer will arrive and each officer will interview one of the parties in a separate room. If the area is small, the officers will position the people involved as far apart as practical with their backs to each other. This is done so that the officers take each person's focus off of the other involved party and allow the officers to see each other for officer safety reasons.

What is a 911 call for domestic violence?

Most domestic violence cases involving the report of family violence between a couple originate with a 911 call from the person who is alleging an assault, battery or stalking incident. The 911 call is always tape recorded. The complaining witness knows they have an open telephone call to the police, while the person who may be subsequently arrested and accused of domestic battery probably does not know that a telephone call has been made to the police.

What are the penalties for domestic violence in California?

A criminal conviction for domestic battery or criminal threats in California may result in jail, large fines, mandatory domestic violence counseling sessions which meet two (2) hours weekly for a minimum of one year, mandatory alcohol education classes, personal conduct orders, stay away orders, temporary restraining orders, and other punishment as provided by Penal Code section 1203.097. For that reason, it is critical that that a person charged with domestic assault, domestic battery, criminal threats or stalking have only a qualified domestic violence defense lawyer to handle the case from the earliest possible moment.

How to contact a protected person in a domestic violence case?

In these cases, the protected person, who will be characterized as the victim by the district attorney, may request peaceful contact with the person who has been arrested and now has a domestic violence case pending. The protected person must personally request a peaceful contact order from the court. Many attorneys are not familiar with this process. For this reason, it is important to have the assistance of a lawyer who specializes in domestic abuse cases.

What is the process of a domestic violence crime scene?

Domestic violence crime scenes may be processed by designated crime scene investigators, police photographers, supervisors, investigators (detectives or inspectors). Typically, processing a crime scene where a domestic violence incident has occurred involves photographing the crime scene, collecting evidence, measuring distances, and sketching the area.

Who takes reports of domestic violence?

The police, sheriff's department or other law enforcement agency takes reports of violence between a couple seriously and present the reports they are required to prepare as part of their domestic violence investigations to California prosecutors and county district attorneys who almost always charge a criminal domestic battery case or criminal assault case in a California Superior Court in the county where the incident is alleged to have occurred.

How to expose a domestic violence lawyer?

A seasoned domestic violence defense lawyer will expose lies by cross-examining the accuser, attacking the accuser’s credibility, and by presenting evidence of the accuser’s motive to lie. Any other evidence of innocence, such as an alibi, adds additional layers of reasonable doubt to the defense.

How does false allegations of domestic violence affect your life?

As you may be currently experiencing, being falsely accused of domestic violence immediately changes your life for the worse in a number of different ways. Depending on any given individual’s personal circumstances, a domestic violence defendant can watch their job ...

Why are false domestic violence accusations so bad?

The general population’s view of those charged with domestic abuse against a girlfriend, spouse, child, or anyone else can be a destructive force and a violation of one’s rights when the person charged with domestic violence is not guilty of their alleged crimes.

Why is it important to know why a person is telling a false accusation?

Identifying the reason for the false accusation is the key to defeating a domestic violence prosecution. Knowing why the accuser is telling a lie makes it possible to expose the lie.

How to protect your family from domestic violence?

Notify family members about your concerns. Unfortunately, family members may turn against you after news surfaces that you have been charged with committing domestic violence. If your accuser claims that you hurt them and/or your children, your closest family members may mistakenly ban you from their lives. If you keep them informed of your accuser’s erratic and troublesome behaviors, as well as your fears of what they may do, you may be able to prepare your family for the allegations and have them be more inclined to believe your side of the story.

What is the type of person that accuses another innocent person of committing violent acts against them?

The type of person that accuses another innocent person of committing violent acts against them is one that is regularly emotionally unstable. Emotionally unstable people tend to act out and commit irrational behaviors, such as falsely accusing you of attacking them. False accusations of domestic violence law are very serious.

Why is child custody decided in the accuser's favor?

Child custody fights and other family law battles may be decided in the accuser’s favor if a court believes that domestic violence occurred.

What is the role of the prosecuting attorney in domestic violence cases?

The state prosecutes the accused, and it is the prosecuting attorney’s role to determine whether or not to proceed with charges.

What is domestic violence?

Domestic violence generally refers to the following between people with a familial or personal relationship: Physical assault. Sexual assault. Harassment. False imprisonment. Trespassing. When a police report has been filed for a domestic violence dispute, they must investigate.

What happens if a victim refuses to testify in court?

If a victim refuses to testify against the defendant in court, the prosecutor may still proceed with the criminal trial. Depending on evidence other than testimony available to the prosecuting attorney, the state will determine whether or not to move forward with the trial.

When do police have to make arrests in Nevada?

In Nevada, state law mandates that police officers make an arrest if they have probable cause to believe the person to be arrested has committed domestic battery within the past 24 hours.

Can you be arrested for domestic violence?

Frequently, those arrested for domestic violence view the charge as overblown and think of what occurred as a simple dispute that won’t draw criminal charges. They may also assume the alleged victim will drop charges or refuse to testify. The law does not view a domestic violence allegation that way, and neither should you. Make sure to contact an attorney with experience working on cases like yours immediately upon arrest.

Is it normal to run high when a police report is filed?

When a police report is filed for domestic violence and allegations occur, it is normal for emotions to run high . A lot of times, there’s a he said / she said aspect to these scenarios that make it very difficult to sort them out. Situations involving a claims of violence are hectic, but being well informed can help to make a terrible situation ...

Is verbal testimony probable cause?

Mere verbal testimony may constitute probable cause for an officer in the right context. The following may indicate probably cause to an officer as evidence of domestic abuse: If you face a domestic violence accusation, it’s essential that you familiarize yourself with what lies before you.

What happens if you get charged with domestic violence?

However, once an individual has been charged with one domestic abuse charge, the courts will view any repeat offenses as a pattern in the behavior and will act more harshly to protect the community from future domestic violence from the perpetrator.

How long can a first time domestic violence victim go to jail?

A first offense is generally charged as a misdemeanor so long as there are no aggravating circumstances. In this case, the suspect could face up to one year in jail, a fine up to $5,000, or a combination ...

What is the first step in the arraignment process?

The first step in the process is that the accused person gets arrested. Then, an arraignment takes place. During an arraignment, the courts make it clear what the suspect is being accused of. At this point, the individual on trial will enter a plea. It is very important to seek expert criminal defense counsel before your arraignment.

How to prepare for a domestic violence defense?

How you can help prepare a domestic violence defense with your lawyer. As your lawyer works to build your domestic violence defense, they might look to you for additional details. You should try to provide as much detail in the case as possible that might help in favorable negotiations. These details might include:

What happens after arraignment?

After the arraignment, the courts will issue the defendant new court dates for the rest of the legal proceedings. Your criminal defense attorney might engage in pre-trial negotiations during this time. Throughout this process, your lawyer will spend time learning the following for your case:

What does a lawyer need to do to build a defense?

Your lawyer will need to investigate details about the case in their quest to build your defense. This can sometimes mean discussing the matter with any witnesses, including character witnesses.

Can you plead guilty to domestic violence?

It will remain there unless you petition to have it expunged or sealed. Although most first- time domestic violence charges are only a misdemeanor, it is not something you want to just plead guilty to and accept. You should still hire an attorney to defend you to avoid a conviction.