BY Jesse Black | December 21, 2021

Domestic violence is a serious problem that can affect anyone regardless of gender, age, or ethnicity. According to the National Coalition Against Domestic Violence (NCADV), 1 in 3 women and 1 in 4 men will experience domestic abuse at some point in their lifetime.

Domestic violence includes physical violence, sexual assault, stalking, cyberstalking, and psychological abuse. It also includes economic deprivation, which includes denying access to money or property; restricting one’s ability to work; sabotaging one’s educational opportunities; interfering with parental rights, and preventing one from having access to medical care, and more.

Domestic violence can often lead to criminal charges, which can considerably impact your life. If you are facing domestic violence charges, this article will help you navigate what to expect and how to get through it.

The Initial Arrest for Domestic Violence

In a typical domestic violence case, someone will call the police. From there, the officers will arrive on the scene, separate each of the people in the situation, take statements, and look to find injuries on each person. After they’ve heard both sides, they’ll try to determine who is the victim and who is the aggressor. Most agencies require that one party will get arrested in domestic violence calls.

Once they’ve arrested the aggressor, the police will take that person to jail and ask the victim if they would like to press charges. The defendant will be taken to prison and will likely have a hearing within 48 hours to see if they can be released on bail.

Posting Bail

The next step for the defendant is to get out of jail and prepare their case before they’re required to come back to court. However, sometimes bail can be very expensive, depending on factors such as the severity of the charges and whether or not there’s a prior criminal record.

If you can’t afford to post bail, you’ll want to contact Future Bail Bonds to get an agent immediately posting a bail bond for you, so you don’t have to spend another second on the inside. Our agents are experienced, trustworthy, and efficient. Once you contact us, you can feel assured that you won’t have to worry about getting out of jail quickly.

Domestic Violence Investigation

Once you post bail, the next step is to start preparing for your domestic violence case. This will likely involve meeting with an attorney and cooperating with their investigation.

The prosecution will try to build a case against you using any evidence they can find, including police reports, witness statements, text messages, pictures, and more. You’ll want to have an experienced criminal defense lawyer who understands domestic violence cases reviewing all of this evidence so they can help mount a strong defense on your behalf.

There is usually a detective that is also assigned to the case once an arrest report has been generated. They are the ones who will recommend what charges, if any, should be applied to the defendant. They usually work with the victim and collect evidence to do so.

Court Date

The defendant is required by law to appear at all scheduled hearings regarding their case even though they’re not required to testify or provide any other evidence against themselves. Failure for them to do so could result in an arrest warrant being issued for failure to comply with legal requirements. In addition, if they are charged with new crimes while out on bail, this too could lead them back into jail until their cases are heard before a judge once again.

The point of the court date is to determine if you’re guilty or not of the crimes committed. Depending on the specific case, you may be facing a penalty or prison time.
What Factors Impact The Severity of Domestic Violence Punishments?
Many factors can impact how severe the punishment will be for domestic violence charges. The most common include:

The Severity Of The Case

The severity of the case is all about how severe your actions were. For example, if you punched someone in the face and they had to get stitches from the attack, that’s a very violent crime. In comparison, threatening that you’re going to slap someone is a lot less severe. The judge may also consider any past criminal history of the defendant.

Misdemeanor or Felony Case

Domestic violence cases can often be classified as either misdemeanors or felonies. The most common are misdemeanor crimes, which are punishable by up to one year of incarceration in county jail or a fine. Felony offenses are much more severe and carry a prison sentence for several years along with other penalties.

Your Past Criminal History

The defendant’s criminal history can also be taken into account by a judge when determining their sentence. For example, if they have a long and violent past, this will likely impact how severe your punishment will be. Whereas, if this was your first offense, the judge may be more lenient.

Can I Claim That I Shouldn’t Be Charged Domestic Violence Charges?

Yes, there are many defenses that can be raised in a domestic violence case. One of the most common is self-defense, which is asserting that you were only acting in defense of yourself or another person. Another common one is arguing that it was an accident.

If there are any witnesses that support your story, this will make it much more likely that the charges will be reduced or dropped altogether. Again, having a good defense attorney who knows how to argue these points in court can be crucial to your case.

If you’re involved with any type of domestic violence charge, it’s essential to meet with an attorney and get started on your defense. This involves reviewing all of the prosecution’s evidence against you and mounting a solid defense strategy.

Conclusion

Many things can happen when you’re charged with domestic violence. It’s essential to have an experienced criminal defense lawyer who understands the laws and how to best defend your case. Factors such as the severity of the case, your past criminal history, and whether it was classified as a misdemeanor or felony will all impact how severe the punishment will be. However, you can’t start preparing your defense if you’re sitting in jail! Make sure to contact Future Bail Bonds to get out of jail now!