Domestic violence crimes are taken very seriously in the criminal justice system. At the same time, many accusations are blown out of proportion or acts are committed by both sides.
Our job is to protect your rights and fight to prevent your rights from being taken away before the facts can be proven. When the facts simply do not support charges, we can also potentially get them dropped or dismissed, saving you from potential penalties both in and outside of jail.
For a free case evaluation, contact Kenny, Burns & McGill’s domestic violence defense lawyers at (215) 774-5644.
Immediate Penalties in a Domestic Violence Arrest
Usually, the police can arrest you if they have probable cause – but a warrant may be necessary if they did not see the crime. Then, you can only face penalties like staying in jail if you are a danger to the community, and you can only face sentences after a court finds you guilty. With domestic violence charges, more immediate consequences are common:
Arrest
Usually, police need to see the crime in their presence to be able to arrest you without a warrant. There are many exceptions to this rule, and domestic violence charges have a very specific exception.
This allows police to arrest you without a warrant for a crime alleged against a household member, even if they did not witness it. However, they have to see injuries or “other corroborative evidence” before that arrest is valid.
Seizure of Weapons
Police can take weapons away from you when arresting you, but only the ones used in the commission of the offense. E.g., if you were brandishing a gun, they can take it.
Weapons may also be turned over after the arrest but before a trial if the alleged victim gets a restraining order/protection from abuse order against you. This can require you to turn over firearms, even if you need them for work, hunting, or self-defense.
Bail
You can still get bail for a domestic violence charge, but it usually has additional hurdles.
Typically, bail is only denied entirely if you are a threat to the community. In domestic violence cases, the question is instead whether you are a threat to the alleged victim. This uses “risk assessment tools” that are not always accurate or reasonable.
Bail terms also typically require you to stay away from the victim, stay away from their residence (even if you live there), and otherwise avoid contact. A protection from abuse order may overlap or supersede this.
Custody Effects
If you are in an ongoing custody dispute with the alleged victim, being arrested for domestic violence could be grounds for them to go to the family court and request an emergency custody order keeping the kids away from you.
This still needs to be argued on the merits in many cases, given that charges alone do not mean you actually did anything.
What Constitutes “Domestic Violence”?
“Domestic violence” is not a crime listed in the code separately. Instead, it is any violent crime committed against a family member or household member. This generally includes dating partners and people you share a child with, even if they do not live with you.
This typically covers assault, stalking, or strangulation crimes.
Can You Get the Victim to Drop Domestic Violence Charges?
Generally, you should not contact the alleged victim in a domestic violence case – or really in any criminal case. Doing so could be considered victim/witness intimidation. It may also violate the terms of your bail or a protection from abuse order.
Even if you could contact them and ask them to drop the charges, that is not their decision. The prosecutors at the DA’s office decide whether to move forward or drop the charges. The alleged victim gets limited say in that decision, and the government can move forward even if the victim refuses to cooperate.
Can You Go Home After Domestic Violence Charges?
If you live apart from the alleged victim, then whether you can go home or not depends on whether or not you can get bail. Our domestic violence defense lawyers will fight to get you out on bail so you can keep going to work and living your life while you fight the charges from the outside. This means showing the court you are not a continued danger to the victim.
If you live with the alleged victim, you might not be allowed to return to your shared home. You may need to find alternative living arrangements because both bail conditions and a protection from abuse order might keep you from going home.
How Do You Fight Domestic Violence Charges?
Domestic violence charges can be fought in court in a few ways:
Dropping “Domestic Violence” Attribute
Charges are only “domestic violence” charges, subject to additional procedures, when they are committed against a dating partner or household member. If the person you are alleged to have assaulted or otherwise injured was not a dating partner at all, then this should not apply.
Both Sides Are to Blame
If you are also the victim of domestic violence, you can report it, too. This does not often get your charges dropped or dismissed, unless you can show it was self-defense. But at the same time, police and prosecutors are usually less willing to involve themselves in family matters when both sides are in the wrong.
Alleged victims who are also perpetrators of the same crime are potentially less believable at trial and less likely to testify if it opens them to charges, too. However, you cannot sling false accusations solely to try to hurt their reputation.
Self-Defense
If any violent acts you did commit were in self-defense, that could get the charges dismissed.
Plea Agreements and ARD
There may be options to enter into agreements, seek anger management, perform community service, and pay fines to get charges dropped or reduced. Some DAs might refuse to issue agreements for domestic violence charges, and alternative programs like ARD are not always available.
Depending on the charges, our lawyers can try to reduce penalties this way, but only if you agree to enter pleas.
Call Our Domestic Violence Lawyers in Bucks County Today
For a free case evaluation, call the domestic violence defense lawyers at Kenny, Burns & McGill at (215) 774-5644.
