Arrested For Domestic Violence? Here’s How To Prepare Your Case

7 Bad Things That Happen When Police Come to Your House for Domestic Violence:

1. Someone will be arrested.
2. You may not be allowed to return home, even if the person who called wants you back.
3. An emergency protective order will be issued, preventing you from contacting your kids or spouse.
4. You can still be prosecuted, even if your spouse doesn’t cooperate with the police.
5. Firearms will be confiscated.
6. You could lose your job, professional license, or livelihood.
7. You’ll be required to attend 52 weeks of mandatory counseling, even if you’re no longer with the person involved.

What to Do at the Scene:

1. Do not talk to the police—don’t confess to any crime.
2. Avoid giving statements, even if you’re innocent.
3. Document any injuries you have with photos or by informing police or medical personnel.

What Happens in Jail:

• You have the right to three phone calls (bail bondsman, loved ones, or lawyer).
• Don’t call the alleged victim—apologizing or discussing the incident could be used against you.
• All calls are recorded, and anything you say can be used in court.
• Never ask the alleged victim to drop charges or not cooperate, as it could lead to additional charges.

What to Do After Release:

• Hire a lawyer experienced in domestic violence cases.
• Don’t contact the alleged victim, even indirectly, and make sure to follow the emergency protective order.
• Work with your lawyer to prepare a defense, including documenting any evidence of past abuse, mental health issues, or substance abuse problems.

Key Defenses:

1. Accident: If the injury was unintentional, like accidentally closing a door on someone’s hand.
2. Self-defense: If you used reasonable force in response to being attacked.
3. Injury not caused by you: The alleged injury might have happened another way or by someone else.
4. Necessity: If you had no other choice but to act to prevent greater harm (e.g., self-defense in an emergency).

Wrapping Up:

• Follow the law regarding protective orders, cooperate with your lawyer, and focus on showing that you should be allowed to return home and maintain contact with your family.
• Share any evidence of past violence or dishonesty by the accuser with your lawyer