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Understanding what happens when facing domestic violence charges

Mistakes surfaced throughout your relationship with your spouse. However, a glaring mistake – the most recent one – stands out: an accusation of domestic violence. When such an accusation gets flung in your direction, regardless, your reputation as a human being is tainted forever. Even when the charges are false.

Not only do you face a challenge in rehabilitating your personal and professional reputations, but you also face serious consequences. Charges of domestic violence can bring a litany penalties and challenges that include incarceration, probation, fines and restitution.

Confronted with a restraining order

Sadly and unsurprisingly, criminal cases pertaining to domestic violence often surface in highly disputed divorce cases. Sometimes, these accusations prove false simply because the alleged victim seeks to gain leverage over their children or marital property.

Judges intervene, sometimes issuing temporary or permanent restraining orders that serve as preliminaries to the penalties you may face. A restraining order:

  • Prevents you as the accused from living in or visiting your home. In some cases, you may return to the home to retrieve personal belongings as long as accompanied by a police escort.
  • Requires you to not contact your spouse or partner. This usually means no in-person visits, no phone calls, no texts and no social media messages. You do not want to be accused of harassment.
  • Places restrictions on your custody and visitation rights with your children. This may be one of the most personally damaging situations because you now have limited time to spend with your children.

In working with an experienced criminal defense attorney, you must remain optimistic regarding a resolution whether it be having the charges reduced or dismissed. Take preliminary steps, though, that may work in your favor. For example, perhaps enroll in a type of rehabilitation program, whether addressing alcohol or substance addictions or anger issues. Get the additional support you need.