Not all cases of alleged domestic violence are prosecuted but if you are arrested or charged with this crime, you sold assume that the case will move forward. You should talk to a domestic violence attorney in Laguna Niguel CA to ensure that your rights are not stomped on. Keep reading to get the facts about the prosecution process and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
A Complaint Will Be Filed
After the police file a domestic violence report with the district attorney, a Complaint is prepared. This is a document that leads to the criminal charge being officially entered in Superior Court. The person arrested for the crime will be required to appear in court and enter a response to charges of domestic battery. This is referred to as the Arraignment.
What to Expect at the Arraignment
You should not appear at your Arraignment without a domestic violence attorney in Laguna Niguel CA. At the Arraignment you will not only be required to enter a plea of guilty or not guilty, you will likely also have to respond to the alleged victim’s request for a restraining order in either civil or family court. Note that if you are not careful, you may be incriminating yourself when responding to this order.
You are protected from implicating yourself in a crime by the Fifth Amendment of the Constitution. This is why you need the advice of a domestic violence attorney in Laguna Niguel CA at any hearing.
What to Do if You Are Arrested for Domestic Violence
Do not talk to the police or anyone else about your case – except for your domestic violence attorney in Laguna Niguel CA. Tell the police that you will be remaining silent until talking to your attorney. They may try to convince you to talk, they may lie to you, or they may tell you that it can all be cleared up easily if you simply give your side of the story. Do not do this.
That said, be calm. Be respectful. Avoid sudden movements and keep your hands where the police can see them. Police often feel anxious at the scene of alleged domestic violence calls and are waiting for the alleged perpetrator to make a violent move. Do not do anything that could make them nervous or they could use force against you.
Whether you are arrested or not, it is important to call a domestic violence attorney in Laguna Niguel CA as soon as possible after being accused. The sooner you reach Law Office of Michael L. Fell, the sooner we can get to work on your defense and can fight against restraining orders that could have a negative impact on your life. Call us now at (949) 585-9055 to request a free legal consultation.