Can I Get My Things From My House After A Domestic Violence Arrest?
Within the first 72 hours of a domestic violence incident, the defendant will be prohibited from entering the residence. After the 72-hour period, they will be allowed to collect their belongings unless there is a separate order of protection or condition of bond prohibiting them from going on the premises or contacting the alleged victim. If that’s the case, the defendant’s attorney can make arrangements for a police escort to the property for the collection of certain items, such as toiletries, clothes, tools, or anything else that the defendant needs in order to work and survive. It is best to arrange police escorts of this nature at a time when the complaining witness will not be present just to minimize the potential of an argument or improper contact.
What Restrictions Will I Face After Being Arrested And charged With Domestic Violence?
As a condition of bail, a defendant to domestic violence charges will be barred from leaving the state, committing a new crime, possessing weapons, and consuming illegal substances. In addition, domestic violence cases require a 72-hour cooling-off period, and potentially an order of protection or restraining order. In some domestic violence cases, the defendant will have to wear a GPS ankle bracelet to ensure that they are not going to prohibited locations, which we call “no-go” zones.
Will The Police Question Our Children If They Witnessed A Domestic Violence Related Incident?
Law enforcement agents generally don’t like to involve young children in criminal cases if they don’t have to. It is more likely that teenage children will be questioned than very young children. However, a police officer can talk to any witness. As a defense attorney, I can object to certain witnesses based on competence. When extremely young children are involved, there must be a separate hearing to determine competence.
Can I Be Charged With Child Endangerment As An Additional Charge In a Domestic Violence Incident Even If My Children Were Never In Any Danger?
A person can be charged with anything, but whether or not they will ultimately be convicted will depend on the strength of the prosecutor’s case and the evidence at their disposal.
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