What Happens In The First Few Hours And Days Following An Arrest For Domestic Violence?
Within the first few hours or days following an arrest for domestic violence, the offender will usually post bail, which could be significant. In fact, $50,000 bail is not unusual for a domestic violence charge; if there are alleged threats involved, then the bail could be as high as $100,000. Once someone bails out, the first thing they need to do is contact an attorney who can get involved in the case and protect their rights. Oftentimes, the trauma of being arrested for domestic violence is enormous and could be devastating to the person’s career and family life. In some cases, there will be a protective order prohibiting the alleged offender from having any contact with the alleged victim. The defense attorney on the case may launch an investigation and interview witnesses or hire a private investigator. Domestic violence cases are highly-charged and emotional cases, so separating the parties is usually necessary at least until the situation calms down.
When Will I See A Judge After Receiving A Domestic Violence-Related Charge?
If an alleged offender doesn’t post bail, then they will usually see a judge within 72 hours of the arrest. Most of our clients’ post bail and get released. On a felony charge in Los Angeles, Orange, Ventura, Riverside, and San Bernardino Counties, the alleged offender will first see a judge at the arraignment, which may be set one or two months in the future.
On a misdemeanor charge such as the domestic battery, criminal threat, or domestic violence, the alleged offender wouldn’t need to see the judge until there is a resolution of the charge or the case goes to trial. If an alleged offender is released on his or her own recognizance instead of given bail, the judge may still want them to appear in court so that bail can be set, certain conditions can be imposed, or a restraining order or protective order can be served on the client in open court.
Is An Order Of Protection Or A Restraining Order Automatically Put Into Place When Charges Related To Domestic Violence Are Filed?
A protective order, stay-away order, or no-contact order is usually ordered, which prohibits contact between the alleged offender and the alleged victim at least during the pendency of the case. If there is a conviction, the order could be imposed as part of the sentencing order. A judge has the authority to put such an order in place for up to 10 years. The consequences of violating a protective order or stay-away order can be substantial and severe.
I’m Facing Domestic Violence-Related Charges. Can I Still Be In Touch With My Children?
Whether or not an alleged offender of domestic violence will be allowed to have contact with their children will depend on whether the stay-away or protective order includes the children. Even if it does not, it may be difficult to communicate with the alleged victim in order to arrange a visit with the children. It is not clear-cut whether an alleged offender will be able to see their children.
For more information on Domestic Violence Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 486-7486 today.
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