Domestic Violence Cases: What Your Attorney Wants You To Know

Aug 16, 2017

Domestic violence affects over 12 million people around the world every day, and unfortunately it is a common occurrence throughout the United States. Like other cities, it is not always brought to light, but it happens in Fresno, too. The real problem is that it is woefully under-reported, but when it is, most people don’t consider the overall consequences of it. This is why before you contact a domestic violence attorney, you need to consider these important factors.
It Can be Difficult to Get the Charges Dismissed
This is a crucial one. If the accuser of domestic violence chooses to recant their accusation and reconcile with the accused, the charges cannot be dropped by the victim or alleged victim. Once the complaint is filed, only the prosecutor can decide whether or not to drop the charges.   Many people forget that it is the People of the State of California v. The Defendant.  This means that the accuser is not the Plaintiff, the government is the Defendant.  This is a huge, because the government is the one who controls whether charges should be filed, and, often, whether charges should be dismissed. This doesn’t mean that it should stop a victim from reporting, it is just something to consider.  
Restraining Orders Will Be Put in Place
Even if the accuser does not want one, once a domestic violence claim has been made, a criminal protective restraining order will usually be put on the victim. This could mean the accused has to move out of their home or will be prevented from seeing their children. If the accused breaks this order, the will be arrested and face additional charges for violation of the protective order.  Some court's will do a peaceful contact order, where the defendant may still live in the household and contact the victim, but can only do so as long as they maintain the "peace."
You Could Be Deported
If you are convicted of domestic violence and not a US citizen, you could be deported or lose your chance at citizenship. If convicted, there is also a good chance that you will be barred re-entry into the US as well. This is why it is particularly important to get an experienced attorney if you are not a citizen to prevent this sort of conviction.  A skilled criminal defense attorney may be able to structure an agreement that protects their client from deportation or denial of citizenship. 

Category: Domestic Violence

Michael Mitchell


Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.