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, or current or former boyfriend/girlfriend (DV victim), the arrest will be treated as a Domestic Violence 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 Domestic Violence 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 Domestic Violence 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 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.