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, prosecutors argue for a protective order with a full stay-away provision. This means that during the pendency of the case, the defendant must stay away from the alleged victim.
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 some time while the person is on probation to make sure they're doing their domestic violence classes. 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 work 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. These classes are designed to educate individuals about the impact of their actions and to help them prevent future incidents. 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 attend the classes, then there will likely be a full stay-away order. If they attend the classes, 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 as early as possible. The sooner you have legal counsel, the better prepared you'll be to navigate the legal process. 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. You must be 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 nutshell version?' My response is simple: 'Give me the punchline.' Please tell me what they're claiming you did, and we can start from there. Your honesty is not just important, it's crucial. It's the key to your engagement in the legal process.
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? Could you please provide 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. Remember, there's always hope for a positive outcome.
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