Defending Families in Domestic Violence Cases

1. State law requires that the police make an arrest if they are called and they observe evidence of any physical contact. Local law enforcement have extended the arrest requirement when there is property damage or any physical restraint.
   
2. Domestic Violence can be any touching ever so slight. No injury is required.
   
3. If you are arrested for Domestic Violence, you will not be able to have any contact with the victim for 72 hours. That also may mean that you cannot return home during that time period.
   
4. The prosecutor may object to contact even if the victim wants to have contact.
   
5. If you are convicted of Domestic Violence or complete a diversion agreement on a Domestic Violence charge, you will not be able to possess a firearm. That includes law enforcement and hunting purposes.
   
6. Victims of domestic violence frequently exaggerate the severity of the argument or physical contact and wish later to change their statement made to police. In that situation, the District Attorney's Office will not believe the new story and may charge the victim with making a false
   police report. The District Attorney's Office will take the position that the second statement is dishonest and intended to help the abusive partner.
   
7. The victim is usually given a subpoena by the police. If the victim fails to appear in court, the prosecutor can ask for a Contempt Hearing or a warrant to arrest the victim. You can only be held in contempt or arrested on a warrant if you have been personally served with a subpoena.
   
8. A first offense Domestic Violence charge is diversion eligible and can avoid the conviction and mandatory jail sentence. A second offense Domestic Violence charge is a "A" misdemeanor and requires five (5) days in jail if convicted. A third offense is a felony and requires 90 days in jail if convicted.
   
9. Anger Control: If you are convicted of a Domestic Violence charge, you will have to complete an anger control evaluation and follow the recommendations. Anger Control classes vary from an 8-hour class to a 26-week program.