What should I expect on my Court date for Domestic Violence?
Emotions run high when domestic violence cases make their way through the courts. The lasting trauma, as well as concern for the safety of all involved, is always a factor. In addition, Prosecutors take care to unravel the complicated facts behind a Domestic Violence case. It can be hard to get to the bottom of what actually happened, and who is at fault. When looking for a domestic violence lawyer in Austin, TX residents need to find a firm experienced in domestic violence charges. An experienced family violence attorney knows what options you have to fight the charges. As such, here is a general breakdown of what to expect in domestic violence court. What should you expect on your Domestic Violence Court date?
How the Process Starts
Generally, a domestic violence case is started when one individual calls the police and accuses the other of injury to their person. Unfortunately, too many “accusers” try to use the court system to get the upper hand in a civil case. For instance, in a divorce case we have seen accusers attempt to use the criminal case to get custody of children, a larger portion of the marital split, etc. Now, there are legitimate accusations of domestic violence. However, with the frequent abuse of the criminal justice system the facts have to be deeply analyzed for any domestic violence case. As domestic violence lawyers in San Antonio we dig into the facts and fight for the best outcome for our clients using the evidence turned over by police along with our own investigation.
Emergency Protective Orders/Protective Order Hearings
Generally, a Protective Order is started when the accuser files a petition for protection. This can be done with the help of the prosecutor’s office. The idea is that the victim of domestic violence fears for their safety and seeks legal protection from further harm. The court will either deny or grant the order and schedule a hearing for the case. To get through the hearing successfully, the accuser needs to show that they are in imminent danger and are a domestic violence victim.
The rules that apply to domestic violence cases are standard. An experienced criminal defense lawyer can help guide clients through the process. Hearsay rules apply, meaning only evidence-based information can be admissible by both parties. No rumors or blind accusations are allowed. Exceptions to hearsay exist for young children.
How our Team can Help
The domestic violence hearing can take several hours to complete. Occasionally, the hearing goes on for multiple days. After all the evidence is heard, the court will decide if a permanent injunction is needed to keep the accuser and the accused separated. Usually, this means the defendant will have to maintain a certain distance from the accuser and can’t contact them further. The penalty for disobeying or violating an injunction is serious. They can face significant criminal penalties that could put them in jail. Hence, hiring an attorney who knows the laws regarding domestic violence is crucial to a great outcome.
Stephen T Bowling, DWI & Criminal Defense Attorneys focus on helping clients in domestic violence cases. We know what to look for to get the best outcome for your case. If you or a loved one needs help with domestic violence, contact our team today for a Free Consultation.
