Most domestic battery cases – although individual circumstances are different – follow the same course. Someone calls the police and accuses another person of battery, the police arrest the person they suspect committed the crime, and the person goes to jail.
But what happens after that can depend on several factors.
What Happens in a Domestic Battery Case?
For many people, the best thing to do after a domestic battery arrest is to get in touch with an attorney. Your lawyer can give you case-specific legal advice, be present with you when the police question you, and go to court with you to enter your plea.
You’ll have to go to court to find out whether you can get out of jail. That’s your first court appearance – you have to go to the judge for a bond hearing. The judge will set your bond based on several factors, including how serious the allegations are and your past criminal history (such as whether you’ve been convicted of domestic battery before). At that time, the judge will also order you to surrender any guns you have to law enforcement, and tell you that you aren’t allowed any contact with the alleged victim.
If the alleged victim wants an order of protection, you have to know that it could mean you won’t be allowed to go home, see or call your children, or a number of other things. The alleged victim can ask the court for exclusive possession of your house and cars. That’s why it’s vital to have your attorney with you – he’ll be able to explain the situation to the judge and, if necessary, object to some or all of the terms of the protective order.
After your bond hearing, you’ll go back to court. Usually, this is a “status hearing.” Then, if the state doesn’t dismiss the case – or if your attorney doesn’t negotiate a deal with the prosecutor – you’ll go to trial. During your trial, your attorney can argue on your behalf and make sure the judge hears your side of the story.
Do You Need to Talk to a Lawyer About a Domestic Battery Charge?
If you’ve been accused of domestic battery, we may be able to help you. Call us at 847-920-4540 right now for a free consultation – or, if it’s easier, fill out the form below and we’ll get back to you as soon as we can.