Domestic Violence Cases Cause Unforeseen Problems!
If arrested for a Domestic Violence (DV) Case, you will be in for several surprises.
When someone is arrested for having an argument, physical altercation, or some dispute with a spouse, roommate, child, current or former boyfriend/girlfriend (DV victim), the arrest will be treated as a DV case, which creates many problems.
Housing, Family Contact, Visitation with Children, Pistol Permits, are just some aspects of life that are affected.
When arrested for a DV case, the court will enter a Protective Order that will often require the defendant to vacate the residence where the DV Victim lives; generally, this means that the DV defendant is ordered to move out of his/her own home. The Protective Order will often require that the DV defendant and the DV victim NOT have any contact of any sort; this includes text messages, phone calls, contact through a third party, etc. The imposition of a Protective Order will also require the DV defendant to surrender any firearm he/she may own as well as their pistol permit.
Any violation of the Protective Order will result in a new and separate arrest for a Violation of a Protective Order, which is a D Felony carrying 5 years of jail exposure!
What if the DV Defendant runs his/her business from the family home?
What about the DV defendant’s personal belongings?
What about seeing your kids?
The Protective Order will only allow the DV defendant to go to the family home ONCE with the police to get their personal belongings. If a DV defendant is running his/her business from the home, or cannot get all their belongings, they cannot get those items or run their business unless the court grants a motion allowing the defendant to do so. If the DV defendant and DV victim have small children in the home, you cannot see those children at the home, or at all if so ordered by the court.
What should you do?
Hire an experienced and competent criminal defense attorney as soon as possible. DO NOT try to “work out” the problem with the DV victim, or you will be in violation of the Protective Order. ONLY THE COURT can modify the order, the DV victim cannot allow you to “come over” because it’s not the DV victim’s order … IT’S THE COURT’S ORDER.
Hire an experienced criminal defense attorney immediately and let them get things resolved for you. Do NOT do a solo flight, or you will “crash and burn.”