If the police arrest you for a domestic assault, you have the right to remain silent and speak only to the domestic assault lawyer. When you say anything to the police, they can use it as evidence against you. Also, do not give the police false information. They will charge you with obstructing justice or public mischief.
The officer who arrests you should inform you of your legal rights. You have a right to contact a domestic assault lawyer, and the police should provide you with a phone. You should also speak to your lawyer in private. When you are arrested, do not be violent. Do not resist the arrest, do not be rude, and cooperate.
1. What Happens Before Trial?
When you commit a domestic assault, the police decide whether they will arrest anybody, arrest one person, or arrest both the involved parties. After calling the police and they decide to arrest the accused, the complainant does not have a right to drop the charges. Only the officer and the attorney will determine whether to drop them or not.
The arrested will spend a night in jail and can only be released after the case has been scheduled for a hearing unless the accused has a serious criminal record. However, if they are released, the accused should not meet their spouses in person or speak to them indirectly through the phone. If you breach this restriction, you will have two cases to answer; the assault and the breach of the restrictions.
2. During the Trial
● Can you divert domestic assault charges?
After you get arrested, you will be allowed to contact an experienced criminal defense lawyer. Your domestic assault lawyer can have you divert your domestic assault charges by having you privately attend counseling. You can also choose to attend the counseling through a court-approved program. After they accept you into this program, you can go home only if your partner consents. This will happen after you complete the program, which takes a few weeks.
If your Townsville lawyer can sign you up for the private program before the hearing, you can go home after enrolling. If your charges were not very serious, and you have good progress in the program, after completing, your orders can be withdrawn, and you will go out on a peace bond, or you can plead guilty and not get a court conviction.
● What if you are found guilty?
If found guilty, the judge might lay a harsh punishment on you. If it was the first time you have been arrested for such, and there were no injuries caused, the judge could release you on probation with other conditions like no taking any drugs and alcohol and sign you up for a counseling program.
If you caused an injury, you are likely to serve a sentence in jail. If it is the second time you are reported for the same offense on your intimate partner, you could serve the maximum term and an additional of 10-14 years.
3. What Happens After the Trial?
According to a domestic assault lawyer, you must obey all orders given. Disobeying any could land you in jail again and serve a sentence of two years. The attorney may make these additional conditions in the order given;
- Total no-contact with the victim spouse
- Attend anger management counseling