All arrests for alleged criminal activity are serious matters. However, Law Enforcement, Prosecutors, and Judges approach supposed incidents involving domestic violence with special consideration. A mere arrest can profoundly affect your life, and a conviction may even force you to spend time in jail.
Knowing what to expect when charged with domestic violence in West Palm Beach can help you form a more effective defense. This can include fighting back against criminal allegations at the case’s core and making powerful arguments against the creation of restrictive restraining orders. An attorney may be able to help protect your rights and future.
What Can Happen Immediately After an Arrest?
Whenever Police Officers respond to an alleged domestic disturbance, their primary goal is to collect evidence related to an apparent crime. This means that anything a person says to them may become evidence in a future trial or hearing to order a restraining order.
While it may seem wise to attempt to diffuse the situation, the best policy when dealing with the Police is to say as little as possible. This applies to supposed domestic violence and any other alleged criminal case.
If an event does result in an arrest, it is best to contact a Legal Representative as soon as possible. They could help control interrogations while in police custody and work towards having an arraignment in Court as quickly as possible. A Lawyer in West Palm Beach can help an individual know what to expect when charged with domestic violence.
Arraignments for Domestic Violence Charges
Criminal Courts cannot directly charge a Defendant with an offense that carries the label of domestic violence. Instead, the concept of domestic violence consists of acts of violence or threats of harm against a family or household member. Under Florida Statute § 741.28, this may include blood relatives, romantic partners, former romantic partners, or any person the defendant has ever lived with.
A domestic violence charge means that either a Prosecutor or alleged victim can ask a Court to issue a restraining order that remains in effect for the length of a criminal case. These will require a defendant to cease all contact with an alleged victim. As a result, this may force a person to leave a job, move out of a home, or lose contact with children. An Attorney could work to contest the creation of these orders and/or to create exceptions thereto. An individual charged with domestic violence in West Palm Beach should be aware of what to expect in an arraignment.
How the Law Deals with Domestic Violence Convictions
The main punishment for a domestic violence conviction depends on the alleged criminal activity involved in a case. This may include an assault, stalking, or kidnapping. In addition, Fla. Stat. § 741.283 says that Judges must sentence a guilty person to at least ten days in jail for a first domestic violence conviction. Finally, a conviction may result in the restraining order that went into effect after an arrest becoming permanent. A Lawyer could work to describe what consequences to expect after a West Palm Beach domestic violence charge.
Speak with an Attorney Now to Know What to Expect When Charged with Domestic Violence in West Palm Beach
Understanding a domestic violence arrest’s legal processes and potential penalties is critical to forming a proper defense. It is essential to realize that your rights and freedoms are at risk from the moment you become a suspect in a case. Furthermore, convictions in these cases can have permanent consequences.
Contact Leifert & Leifert today. They can provide more information about how the Courts deal with these cases and what to expect when charged with domestic violence in West Palm Beach.