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Facing A Domestic Violence Charge? Know These 3 Things

20 October 2020

Dolores Rice

Were you recently accused of domestic violence and not sure what is going to happen? You may be wondering what this potentially means and what the next steps will be. Here are a few things to keep in mind as you move forward with your case.

Know That Some Incidents Result In An Unjustified Arrest

While there are many cases of domestic violence where one person has been abusive towards a spouse or loved one, it is not always the case. It is entirely possible that someone is trying to punish you for a different issue that you are going through, such as a divorce or infidelity, and has falsified a report to the police to get you out of the house. You may even feel like your arrest was unjustified, with the police not asking for your side of the story or looking for evidence of abuse to prove their case. If you find yourself in this situation, it is important to stay calm and know that there is a legal process that you must go through due to the actions of the other person. 

Know That All Crime Accusations Require An Arraignment 

Even if your arrest was unjustified, you'll need to have an arraignment in front of a judge soon after. The arraignment can happen in a few different ways. The police may take you to the police station, hear your side of the story, and then release you under the requirement of returning to court for your arrangement. Another potential situation is that you are held in jail and can be released on bond if you want out early before your arraignment. It's also possible that you are not arrested at all, but given a ticket of the time required to show up for your arraignment.

Know That Domestic Violence Is A Misdemeanor 

It's important to understand the consequences of being charged with domestic violence. If you are a first time offender and found guilty, you can face either a fine or time in jail as a result. Each state will have its own maximum jail times and fines for domestic violence, so make sure to understand how the law applies to you since it's possible that you could face one to three months in jail as a first-time offender. If you were to become a secondary offender, the time in jail or the fine that you pay will only go up over time.

For more information, contact a domestic violence attorney. 

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