On Valentine’s Day, many people would think that this is not a busy time for criminal defense lawyers and domestic assault charges. In my experience as a criminal defense lawyer, this is actually one of the busiest times for domestic assault charges. Christmas Day/New Year and Valentine’s Day seem to be the busiest times of the year for domestic assault matters. Whether it is an actual domestic assault or it is a modification/cancellation of a no-contact-order, this law firm seems to handle a lot of these matters during these times of the year. I am not sure whether it is one spouse/partner who does not want to spend money on the other, whether they don’t want the other to meet their family, or it is just a coincidence.
So, what should you do if you are charged with a domestic assault? Most likely, you will be arrested and brought to the county jail. No bond will be set until you see the judge. Generally, you will see the judge in the morning where you will be served with a no-contact order preventing you from having any contact with the protected party and a bond will be set. You should have a family member/bondsman come and bail you out of jail. It should be noted that the no-contact order will also prevent you from going home should you live with the protected party. You should plan on moving in with a friend or into a hotel for a good month or so as these matters can take some time. Simply put, the judicial process can be slow at times.
You should also contact a defense lawyer, the defense lawyer can sometimes speed your case up. The advantage of that is that the no-contact order is usually dropped sooner as long as the protected party wants the no-contact order dropped/canceled. Although I personally have never had to deal with a no-contact order being placed against me, I cannot imagine how painful it would be to not see your spouse (along with your children) for a month or two at a time. Simply put, you should hire an attorney to get working on your domestic assault matter as soon as possible. How soon the no-contact order gets canceled sometimes depends on the judge in your case and the county of where the crime occurred. In some counties, they only have court once per week, so it may be hard to get a spot on the docket for a judge to hear your case in a week.
Additionally, the defense attorney can provide you with a defense strategy or mitigation plan so that you can get the best possible realistic result in your case. Remember the defense attorney has generally worked a good chunk of domestic cases; they know where to send you and what you have done so that you can better your outcome in the courtroom.
I understand dealing with a domestic assault charge can be stressful and you can feel very alone. If you have been charged with a domestic abuse assault or just have questions regarding the charge, do not hesitate to contact me and I would be happy to answer any questions.