Common Mistakes to Avoid After a Domestic Violence Arrest
When a domestic violence accusation occurs, it can end up completely turning your life upside down. A domestic violence arrest can have repercussions for your work life, romantic life, and the custody of your children. If convicted, it can also lead to a change in your immigration status. Because of this, you need to do everything you can to make sure your case reaches a successful conclusion.
The 3 Most Common Mistakes After a Domestic Violence Arrest in CaliforniaIn general, the following three mistakes are the most common ones to occur after someone is arrested for domestic violence in California. Additionally, you should be cautious about talking to the police too much. While it’s important to cooperate with the police, you should not incriminate yourself. When in doubt, give an Orange County defense attorney a call to get help with your case.
1. Violating a No-Contact OrderIf you are given any type of restraining order or no-contact order, it’s a mistake to reach out. This violates the no-contact order and can lead to extra jail time.
Violating a no-contact order is generally the most common violation. Sometimes, the accused will have a friend or family member reach out to the accuser, which is a violation of the order. Any violation can lead to legal repercussions, so it’s important to any no-contact or restraining order you receive as seriously as possible.
2. Not Getting Legal HelpAnother common mistake after a domestic violence arrest is to avoid legal help. Your domestic violence attorney can help you figure out the best defense for your case. Trying a domestic violence case is tricky, so you don’t want to trust the outcome to fate.
3. Not Taking the Charges SeriouslySometimes, people make the mistake of not taking a domestic violence charge seriously. They wrongly assume that their spouse or romantic partner will snap out of it and decide to retract the charges. Until your case is won or dismissed, you should not assume anything.
It’s also important to remember that victims generally aren’t in charge of what happens in the case in California. Once the accusations are made, it is up to the prosecutor to drop them or not. You can’t count on the accuser simply realizing their mistake because that won’t necessarily make a difference in whether you are charged or not.
Are Domestic Violence Cases Public Record?In California, domestic violence cases are generally public record. Because the records are considered public, they can be found online or in person through a records search. However, there are some exceptions to this general rule. For example, the details in a case may be redacted to protect the victim.
What to Do If You Are Arrested for Domestic ViolenceIf you are arrested for domestic violence, it is essential to move quickly to protect your rights. A skilled domestic assault attorney can help you determine the best steps to take after an arrest.
- First, cooperate with the authorities. Do not resist the arrest or argue.
- Don’t threaten the officers or refuse to have the handcuffs put on you.
- Stay calm. Being aggressive will only make the situation worse.
- Only provide contact details. Otherwise, do not answer any other information.
- Never discuss details of your case on the jail phone or in the jail.
- Get a domestic assault attorney. As soon as you ask for a lawyer, the police have to stop the interrogations. Later, your attorney can help you build your defense.
After a domestic violence arrest, your next steps can determine the outcome of your case. While you need to remain calm and cooperate, you shouldn’t provide any information beyond your contact details. By reaching out to an attorney right away, you can get help fighting against the DV charges.
To learn more about common mistakes after a domestic violence arrest, give us a call today.