Criminal Defense

I’ve Been Charged With Domestic Violence—What Do I Do Next?

Being charged with domestic violence is a life-altering event that brings stress, confusion, and fear about the future. At Mark Broughton, PC, we see firsthand how overwhelming this process can be. Whether this is your first experience with the law or you have encountered legal troubles before, it’s crucial to understand the steps ahead, your rights, and how to protect yourself. Here’s an in-depth guide on what you should do next, your legal options, and how to navigate this challenging time.

Understanding the Charge

A domestic violence charge is not limited only to physical violence. It can also include threats, emotional abuse, stalking, harassment, or even financial control between individuals in specific relationships, such as spouses, dating partners, cohabitants, or family members. Some common misconceptions are that only married partners can be charged or that charges will be dropped if the alleged victim changes their mind—neither is true. Once law enforcement gets involved, the case is usually in the hands of prosecutors, not the alleged victim.

Immediate Steps to Take

1. Do Not Contact the Alleged Victim

If you have received a restraining order or “no-contact” order, it is crucial to obey it. Contacting the alleged victim directly, through friends, family, or on social media—even with good intentions—can lead to more serious charges or additional penalties. This can also prolong your case and make your legal defense much harder.

2. Exercise Your Right to Remain Silent

Anything you say to anyone—whether law enforcement, friends, or on social media—can ultimately be used against you in court. You should not discuss the case with anyone except your attorney. If the police want to question you, you have the right to politely decline until your lawyer is present.

3. Hire an Experienced Criminal Defense Attorney Immediately

The criminal justice system is complex. Having a skilled attorney who understands the nuances of domestic violence law can be the difference between a conviction and an acquittal, jail time and probation, or even having the charges dropped altogether. An attorney will review your case, preserve evidence, protect your constitutional rights, and negotiate with prosecutors on your behalf.

4. Document Everything

Write down your recollection of all events before and after the alleged incident as soon as possible. Details may blur as time passes, so it’s best to create a clear record. Gather supporting evidence like texts, emails, phone logs, photographs, witness names, or anything else that could strengthen your case. Give all this information to your attorney.

5. Stay Off Social Media

It’s tempting to vent or explain your side online, especially if you feel the charges are unfair. Resist this urge. Anything you post can be misconstrued or taken out of context. Prosecutors often comb through social media for posts that may support their case.

6. Follow Your Attorney’s Advice Closely

Your lawyer may recommend attending counseling, anger management courses, or substance abuse programs, even before your case goes to trial. Doing so can demonstrate to the court that you are proactive and willing to address underlying issues, which may work to your benefit in court negotiations or sentencing.

7. Prepare for Court Proceedings

Domestic violence cases often require multiple court appearances. Each hearing is important. Always:

  • Dress formally and appropriately.

  • Show up on time for every hearing.

  • Address the judge and court staff respectfully.

  • Do not speak out of turn.

Always discuss plea options and legal strategy with your attorney before your arraignment or any court appearance.

What to Expect in the Legal Process

Domestic violence cases typically proceed quickly through the legal system because of their high-priority status. Here’s what you can expect:

1. Arrest and Booking

If the police have “probable cause,” you may be arrested—even if the alleged victim didn’t want charges filed. Following arrest, you will be booked and held until your first appearance before a judge. Depending on your circumstances, bail may be set.

2. Arraignment

Your first court appearance is called an arraignment, where the official charges are read, and you’ll enter a plea. You should never enter a plea or make statements without speaking to your attorney.

3. Protective/Restraining Orders

During or shortly after your arrest, a judge may issue a protective order, barring contact with the alleged victim or your children, or even requiring you to move out of your home. Violating these orders can lead to immediate jail time and more charges.

4. Pre-Trial Motions and Hearings

Evidence may be challenged, statements may be suppressed, and your attorney may seek to have the case dismissed if there are legal grounds.

5. Trial

If your case goes to trial, the prosecution must prove the charges “beyond a reasonable doubt.” Your defense attorney will challenge the prosecution’s evidence, present your side, and cross-examine witnesses. Many domestic violence cases, however, end before trial through plea bargains, dismissals, or diversion programs.

Collateral Consequences of a Domestic Violence Charge

The consequences of a domestic violence conviction can reach far beyond criminal penalties. You may face:

  • Loss of child custody or visitation rights.

  • Prohibition on owning firearms.

  • Loss of professional licenses or employment.

  • Immigration consequences, including deportation or denial of citizenship.

  • A criminal record that follows you for life.

These consequences can sometimes be avoided or mitigated with skilled legal representation.

How Mark Broughton, PC Can Help

At Mark Broughton, PC, we understand the human side of every case. Our approach is thorough, compassionate, and effective:

  • Case Evaluation: We review the facts, police reports, and evidence with a fine-toothed comb.

  • Personalized Defense: Each client’s situation is unique, so we create a strategy based on your needs and priorities.

  • Negotiation and Litigation: We work with prosecutors to seek reduced charges, diversion, or even dismissal where possible and are always ready to defend you at trial.

  • Guidance and Support: We walk with you at every step, answering questions, preparing you for court, and supporting you during this tough time.

Frequently Asked Questions (FAQ)

Q: Can a domestic violence charge be dropped if the alleged victim “takes it back”?

A: No. Once a domestic violence case is filed, the decision to prosecute rests with the prosecutor, not the alleged victim. However, witness cooperation and evidence play a major role in the outcome.

Q: Will I have to move out of my home?

A: Often, a protective order requires the accused to move out of a shared home pending the outcome of the case. Violating this order can lead to immediate re-arrest.

Q: What if the allegations are completely false?

A: False allegations do occur, sometimes during contentious divorces or child custody disputes. That’s why immediate legal representation is critical—to gather evidence, identify inconsistencies, and protect your rights.

Q: Do I need an attorney if I plan to plead guilty?

A: Yes. An attorney may uncover defenses or alternatives you’re unaware of. Even in cases where a plea is likely, a skilled lawyer can negotiate for reduced charges, lesser penalties, or alternative programs.

Q: How will this affect my job?

A: A conviction—sometimes even a charge—can impact employment, especially in jobs requiring licensing, security clearance, or public trust. Early legal intervention can sometimes help mitigate these collateral consequences.

Q: What are possible defenses against a domestic violence charge?

A: Defenses may include self-defense, lack of evidence, false allegations, or that the incident does not meet the legal definition of domestic violence. Only a qualified attorney can evaluate and build an effective defense based on the facts.

Q: Can I own firearms if I’m charged or convicted?

A: Federal and state laws prohibit firearm possession following most domestic violence convictions, and sometimes after a mere charge with a restraining order in place.

Q: What should I do if law enforcement contacts me after I’ve already been charged?

A: Politely decline to answer questions and refer officers to your attorney. This is your right and protects you from self-incrimination.

You Are Not Alone

If you or a loved one finds yourselves facing domestic violence charges, remember: these are serious allegations with long-lasting consequences, but you can defend your rights and your future with the right legal help. Focus on following your attorney’s advice, preserving evidence, and complying with all court orders.

At Mark Broughton, PC, we dedicate ourselves to your defense and your dignity. Reach out today for a confidential consultation. Your first steps after a charge can make all the difference in outcome—let us help you take them.

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