Even if you were defending yourself, once you are arrested, it is necessary to expose the truth to the prosecutor and to the court. There are a variety of actions that can be taken, based upon the circumstances of your case. You may have injuries that must be documented; there could be witnesses that can make statements supporting your case; and the witnesses for the prosecution must be investigated to determine their truthfulness as well as their involvement in the case, no matter how minor.

The penalties for domestic violence will be based upon several factors. Any person with a prior criminal record will face enhanced penalties and mandatory prison or jail time. For example, a misdemeanor domestic violence offense has a mandatory jail sentence of 5 days. This does not mean that the sentencing judge may not make the sentence far longer. The criminal justice system is extremely dangerous, and different judges are harsher in their sentencing. If the crime involved is a felony, the penalties imposed can include years in prison, particularly in any case in which children were the alleged victims.

The first step is to get an attorney immediately. If you violate the order, you can expect to be taken into custody immediately. A violation can include calling, emailing, arriving at your home to pick up your personal possessions or trying to see your children. If you are released after being charged and are out on bail or have been release on your own recognizance, and then violate the terms of your pretrial release (including an order of protection), you will be held in jail until your trial takes place. You are required under law to refrain from any contact of any type with the alleged victim. The first step in any legal matter involving a restraining order is to be extremely careful about your actions, and if the accusations are false, we can take legal action to have the restraining order withdrawn. Do not contact the person making the accusations against you. Talk to us first.