Domestic Violence Crimes and Protecting Your Rights

If you have had a family member or loved one arrested and charged with a domestic violence crime, you may have questions and may want to contact an attorney to protect YOUR rights.

Many times, the police determine that an assault has happened, and they believe they are required to make an arrest, even though YOU don’t want them to. They may consider you the victim of domestic violence, even if you don’t think a crime has taken place. Your loved one may be charged with a criminal offense and the court can enter a No Contact Order prohibiting your loved one from going to where you work or live, even if that is where they work or live too. What’s more, is the court can do this even when YOU don’t want such an order in place.

The law does require the court to allow you to petition and ask that the order be lifted, but the court is not required to grant your request. You may want to contact an attorney who will fight for your right to live with and communicate with your family members and loved ones. An attorney can help you ask the right questions and file the right motions, while working with you to see what your overall goal is.

A prosecutor does not need a victim to “press charges” in order to go forward, but they may subpoena you to court and threaten you with perjury charges if they think you are saying something different than what you may have told the police. The defense attorney for your loved one will be unable to advise you, because of their duty to their client. You can hire an attorney who will have a duty to protect YOUR rights.