It's unbelievable. I'm seeing more and more that courts and prosecutors are blocking the defendants in domestic violence cases from being able to come within one hundred yards of their significant other.
Even if the people live together and the defendant has nowhere else to go, at the first court appearance the prosecutors are arguing for a protective order with a full stay-away, and that means during the pendency of the case, the defendant has to stay away from the alleged victim in the case.
I've tried to get these, once they've been put on, removed while the case is going on and a lot of the judges are saying no, we will not take it off until the case is over, and maybe even after the case is over we will leave it on there for a period of time while the person is on probation to make sure they're doing their domestic violence classes and they're not going to have any more issues with that particular defendant.
This is a very difficult situation because, really, what the courts are trying to do is protect the alleged victim from the perpetrator. They believe a lot of times, alleged victims are minimizing what the perpetrator did because maybe they financially support them, maybe they're in love with them.
Whatever the case may be. They are unable to protect themselves, so the courts are taking it upon themselves to protect the alleged victim in a domestic violence case.
There has been a recent shift in the handling of domestic violence cases. Previously, a level one restraining order was issued, prohibiting the defendant from annoying, molesting, harassing, stalking, or striking the alleged victim. However, the current trend is a complete stay-away order, requiring the defendant to stay completely away from the alleged victim.
Domestic Violence Classes
I have been able to get around this in some cases When I see this coming, a lot of times, I will have my client start to do domestic violence classes right away because there's usually a thirty to forty-five day period before they end up at their arraignment if they've bailed out, so that gives them a chance to show that they're serious about not having any further issues, so they'll start doing domestic violence classes.
This is a bit of a catch-22 because if they don't do the classes, then more than likely, there's going to be a full stay-away order. If they do the classes then that could be used against them in a later prosecution. Why are you doing classes if you didn't hit the person? So, it's a difficult/dicey situation.
It's crucial to seek guidance from a criminal defense attorney who specializes in spousal abuse and domestic violence cases. Every case is unique, with different circumstances and prior criminal records. The level of violence also varies. Therefore, it's essential to consult an attorney who can provide tailored advice based on the specifics of your case.
The Importance of Your Role in the Legal Process It's crucial that you're honest with your attorney. When clients come to me in domestic violence cases, they often ask, 'Do you want me to tell you everything, or just the nut-shell version?' My response is simple: 'Give me the punchline.' Please tell me what they're claiming you did, and we can start from there.
What I say is, do me a favor; give me the punchline. Just tell me what they're claiming that you did and then we can start to get into the details of it. In other words, they're claiming that I punched my wife in the face, and they've got pictures of her with a black eye.
Alright, now I know at least what the allegations are. Now we can get into, did you do that? If you didn't do that, how did she get the black eye? Please give me the details of what happened leading up to the issue. Who called 9-1-1? Were there any witnesses?
Hope for a Positive Outcome If you're honest with your attorney, you stand a good chance of avoiding a protective order that restricts your contact with your significant other. This is especially important if you have children together. So, don't hesitate. Make the call, and let's work towards a positive resolution.
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