Arrested for Domestic Violence: Criminal Process

Domestic violence is physical or emotional abuse that occurs between two people in a close, personal relationship.  The two individuals do not have to live together, and domestic violence victims and offenders span all age groups and genders.

Arrested for Domestic Violence

A domestic violence arrest may be a result of the victim, or someone close to the victim, contacting the police and describing the abuse.  In some states, the police have the authority to arrest the offender on the spot after responding to a domestic violence call if they feel the offender has been involved in domestic violence.  After the arrest, the first step for the victim in a domestic violence scenario is to seek a protective order from the court, preventing the offender from coming into physical or emotional contact with her. 

Criminal Process

Most domestic violence cases begin with the prosecutor filing charges against the offender in a criminal court.  The domestic violence victim may also file a civil lawsuit against the abuser in addition to any criminal proceedings filed.  Although a victim of domestic violence can also initiate criminal charges, in most cases the authorities pursue the case for the victim.  Once criminal charges are initiated, prosecutors will not drop the charges, even if the victim no longer wishes to pursue the claim.  In some scenarios the victim is the only witness to the alleged crimes, and victim cooperation with authorizes is essential for the prosecution.  Next, the case will be tried before a judge or jury, depending on the complexity of the case.

Depending on the degree of severity of the domestic violence, the offender may face a multitude of charges from misdemeanor charges, to the more severe attempted murder charges.  Penalties for a domestic violence charge range from jail time, fines, and community service and anger management courses.

In addition, in many states, domestic violence cases are heard in the state’s family court division.  Family courts hear domestic abuse matters when children are involved, or the two individuals are married.  If the abuser is convicted of domestic violence, the offender may have his custody rights limited, or in some cases the offender may lose all visitation rights. 

Getting Legal Help

If you have questions about arrested for domestic violence process, contact an experienced criminal attorney.  An experienced criminal attorney will explain the criminal process and provide guidance about what to do next.