If a member of your family charges you with domestic violence, you will find fighting it emotionally stressful in many ways. While you may be convicted of a criminal charge with serious consequences, you are also likely to face orders of protection. You may be removed from your home, and you may face alienation by your family members that can even result in relations breaking up. While the victim may pursue a personal injury claim, the state may institute a criminal suit against you for suitable punishment. According to NCBI, more than 10 million cases of domestic violence are recorded every year in America.
What Happens After a Charge of Domestic Violence?
Once a charge of domestic violence is slapped on you after a family member makes a claim, you are likely to have protective order placed on you. The protective order restrains you from approaching the accuser and making any contact with him unless it is through a lawyer. In case the protective order is violated, you will be liable for additional charges.
After your arrest, the arraignment or process of issuing the allegation of domestic violence takes place. It allows you to enter a plea of guilty or not guilty. After the court sets the dates, the defense lawyer starts preparing for pre-trial negotiations to discuss the facts of the case, the defendant’s and victim’s histories, details of any injuries, etc.
The defense lawyer of the Law Firm of Gianni Karmily, PLLC in Hempstead, NY will investigate the facts of the case to determine viable defense strategies. He may contact witnesses with knowledge of the relationship between the defendant and the victim, people who may have witnessed the violence and others who can certify favorably regarding the defendant character
Information You Need to Provide To the Lawyer
You must provide the lawyer with all information regarding the facts of the case and anything else that the lawyer can use to prove your innocence. It may include the victim’s history of violence or mental instability, drug addictions, history of false accusations, or lack of credibility. You should make it a point to give the lawyer all information that may remotely be of assistance in getting the charge dismissed.
You have the right to a jury trial; however, it can take a long time to complete since the jury will hear both sides of the argument from the lawyers who will try to make their points with the help of testimony of various experts and witnesses, including representatives of the law enforcement agencies. Both sides will present and argue on the evidence, including photographs of the injuries, police reports, and other reports.
At any time before, during, or even after the trial hearing, the prosecution may offer a plea bargain to cut short the tedious legal process. The lawyer representing the defendant will help to understand its terms and potential consequences for his client. If you do not accept the plea agreement and are convicted, the court may impose several criminal penalties. These include fines, fees, jail time, probation, counseling, and a protective order, as well as custody issues of minors.