Domestic Violence Defense Attorney - What To Do If You're Arrested

Domestic violence is defined as an act of violence between two people who are involved in an intimate or dating relationship. This can include a same sex or a traditional couple. Unfortunately, men can also be the victim of domestic violence and the police may view the male as the aggressor even in instances where that is not the case.

In most states when the police respond to a call regarding domestic violence the police are required by law to make an arrest if there are any injuries to either involved party. If both parties appear to be injured the aggressor will be arrested. The victim of home dispute should never be arrested but it can happen. The purpose of domestic violence legislation was attempt to intervene on the behalf of the victims who were not always cooperative in pressing charges once it was obvious an arrest would be made. The downside of this legislation is that it has taken away police discretion in deciding when an arrest is warranted. This means you could be arrested if your spouse has so much as a scratch, which would normally not even qualify for an arrest as an assault. This also means you could be arrested even if you were just defending yourself against your attacker and you suffered no physical injuries.

If you are arrested on charges stemming from a dispute in the home, the first thing you need to do is exercise your right to an attorney. A domestic violence defense attorney can ensure you get a fair trial that your rights are upheld. Many times when people are arrested they make the mistake of believing they can talk their way out of trouble with the police. Ignoring your Miranda rights will not get you out of trouble; it will just help the prosecution build a case. And it is not considered uncooperative to not talk to the police without a lawyer, it is considered smart.

Once the decision has been made to arrest you, you should not fight it, attempt to run, or become hostile or angry towards the victim or the police. How you behave and what you say will go into the police reports and those reports will be used by the prosecution in your trial. This is not the time to rant and rave or make threats. If you truly are innocent and have been falsely accused, your domestic violence defense attorney can set the record straight for you.

Being accused of this infraction is serious business with serious consequences including being sentenced to jail or prison, having a restraining order placed against you, and your right to own or use a weapon, even for hunting purposes could be terminated.

A domestic violence defense attorney can help build your defense especially if you were the victim and not the aggressor which can occur in home dispute arrests. Be smart and let your lawyer do your talking and follow their advice to resolve this as effectively and quickly as possible.