Domestic violence is a sad reality in the world today. Cases can range from people with violent tendencies and a history of battery to domestic spats that got out of hand and escalated to physical violence. If you find yourself in the unfortunate position of being under arrest for this offense, then it’s important for you to stay calm, think clearly, and know your rights. It can be scary and frustrating to get arrested, especially if you don’t completely agree with the charges, but with a little help and a little understanding of the situation, you can make the best of a bad situation.
Know Your Rights
If you are arrested for domestic violence battery, it is of utmost importance that you know what your rights are. When you’re being arrested, the arresting officer has to read you your Miranda warning, outlining all of your rights when you’re in police custody. While the police can make you wait until they’re finished booking you before allowing you to make any telephone calls, you do have the right to contact an attorney, family members, or a bail bondsman. You also have a right to hear your charges, which should be a part of your Miranda warning. If you’re still not sure what the charges are or what they mean, you can ask for clarification.
Bail Amount Set
You can expect a bail amount to be set soon after you’ve been arraigned for the domestic violence charges. You must be brought before a magistrate within twenty-four hours of your arrest, so you should never have to spend more than one day in jail before hearing your bail amount. When you appear before the judge, you can also request that your bail amount be reduced based on your ties to the community, financial resources, employment, and any other factors that may be relevant.
Post Bail
Once the bail amount is set, you can post bail in order to get out of jail. If the bail amount is more than you can afford to pay, you can also take out a bail bond. Bail bonds typically cost ten percent of the bail amount. Once you appear in court for your domestic violence hearing, your bail amount is usually refunded to you, less court fees, so that you can pay back your bail bond. Once you post your bail, you will be released upon your personal guarantee that you will return to court for your hearing, on pain of losing your bail money and being charged with jumping bail.
Learn more about Getting Released After Arrest.
Contact With Alleged Victim
In domestic violence cases, the judge will usually order no contact with the victim as a condition of your bond. This means that you may not contact the alleged victim in person, on the phone, by mail, email, etc. Judges will sometimes modify the "no contact" order to a "no violent contact" order at the request of the alleged victim if the alleged victim testifies that he or she is not in fear of the accused. You should retain an experienced attorney to contact the alleged victim to see if he or she will agree to a “no violent contact” order.
A Domestic Violence Charge Cannot be "Dropped"
In several instances, the alleged victim raises false accusations in "the heat of the argument". When cooler heads prevail, the alleged victim often regrets involving law enforcement in the dispute. Unfortunately an alleged victim cannot "drop the charges" when an arrest is made. If the alleged victim desires to cooperate with the defense, it is often wise to have the alleged victim give a written or recorded statement to the criminal defense lawyer to explain what really happened. This statement can be used by the defense attorney to persuade the prosecution to drop the case or use the statement at trial on behalf of the defense.
