Being charged with domestic violence could be overwhelming and stressful especially if you do not understand the steps that will follow after the filing of a complaint against you. If you are a victim or are being accused of committing domestic violence, you need to know what comes next.
If you are looking for a domestic violence lawyer near me, consulting a lawyer on your case is crucial since domestic violence cases entail criminal charges as well as protective injunctions. Piotrowski Law – West Palm Beach defends defendants accused of criminal cases including domestic violence matters in Palm Beach County.
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A Domestic Violence Complaint is Filed
Domestic violence cases may commence upon the reporting of the matter to the police. They can question the persons involved, talk to any witness that they may find and assess any evidence available including injuries or damages.
It is necessary to note that an accusation of domestic violence does not always imply a conviction. The process includes three distinct phases, namely accusation, arrest, and conviction.
On the other hand, the alleged victim can choose to seek a separate civil protection procedure. The person who seeks protection can file a sworn petition for a domestic violence injunction.
The distinction is important in domestic violence cases because it includes two distinct yet interconnected processes: a criminal one that was initiated by the government and the civil procedure regarding the injunction.
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Police Investigation and Arrest
Following the receipt of the complaint, the law enforcement agencies will carry out an investigation of the events that took place. It can involve the gathering of statements, pictures, records, medical data, electronic communications, and other materials that are pertinent to the accusations.
If the arrest is made, the individual may be placed under custody and processed in accordance with the appropriate procedures. Depending on the situation, the individual may at some point be released upon certain conditions.
During this time, consulting a domestic violence attorney near me may help the individual understand the allegations against him/her as well as what legal issues may be of immediate concern.
The lawyer may look at the relevant information, discuss the possible consequences with his/her client, and give advice about how the client should communicate with the investigator and others. After the arrest, further investigation may still proceed by the prosecution.
Protective Injunctions and Temporary Orders
Protective injunction is different from a criminal conviction. It is usually meant to protect the individual from the alleged domestic violence and put certain conditions that the respondent needs to observe.
The individual filing for protection is usually referred to as the petitioner and the other party is known as the respondent. A judge will issue a temporary restraining order after looking at the petition and a final hearing could follow.
There could be practical implications of the terms of the injunction. Depending on the situation and relevant laws, there could be an injunction on contact, residence, children or any other aspect.
Violation of the injunction will lead to more legal action. In the event that you have been served with an injunction, do not assume that it is optional and that you can disregard its requirements. The violation of an existing court order could lead to legal trouble.
Criminal Court Process Starts
Once criminal charges have been made, the case is taken to criminal court. The process differs based on the type of crime and where it takes place but could include an initial appearance, arraignment, pretrial proceedings, negotiation, motion, among others.
However, the task of establishing guilt beyond a reasonable doubt falls on the prosecution based on the relevant legal standard. The accused can investigate the allegations as well as examine whether the evidence can prove the criminal charges.
Legal counsel can peruse police reports, statements from witnesses, photographs, recorded videos and audios, medical reports, text messages, emails, and other evidence.
Hiring a domestic violence lawyer near me right away can give you a chance to handle some critical matters even before the case gets more complicated.
Pretrial Proceedings, Negotiations, or Trial
While most criminal cases are often resolved before a trial takes place, the outcome largely depends on the facts and details of the particular case. At the pretrial level, the lawyer can conduct negotiations, file motions, exchange discovery, and negotiate an appropriate resolution.
Possible outcomes can range from dismissal of charges, a negotiated plea to trial proceedings. If the case goes to trial, both sides will have an opportunity to present their evidence and arguments. Testimonies could be given in court, and the court would then decide whether the burden of proof had been satisfied.
Outcome of the Domestic Violence Case
Domestic violence cases may be settled in various ways depending on whether the case is a criminal case, injunction case, or both. A criminal case could be concluded with dismissal, a settlement, or a verdict from a trial. If the case results in a conviction or guilty plea, there may be sentences or orders issued by the court.
Injunction cases could be settled with temporary orders, final injunctions, or denial of injunction among others. A final injunction could be in force until a certain date or until it is modified or terminated by the court.
If you are currently facing an allegation or a court order, it is imperative that you continue to fulfill your court obligations. Refrain from communicating with any other party in violation of an injunction or missing court dates and assuming the matter to be closed.
Partnering with a domestic violence lawyer near me can further provide you with insight into what to expect following the immediate court hearing, including an appeal, modification, probation, and any other obligations you may have.
Conclusion
The stages of domestic violence proceedings may range from filing a complaint or investigation by the police, through to arrest, prosecution, filing for a protective injunction, pre-trial procedures, settlement, and trial. This process may widely differ from one case to another and based on different factors, such as facts of the case and jurisdiction.
