Many people rely on their romantic partners for unconditional love and support. Unfortunately, some couples go through more trials and tribulations that test them and their relationship with each other. During a heated argument, one partner may call the police to report the other and accuse them of domestic violence. What happens if you go through this?
Our defense attorneys at Palmer Perlstein explain everything you should know about initial domestic violence reports and the aftermath.
The Events Leading to a Police Call
Plenty of couples argue without the police being called. So what could escalate things to the next level?
Domestic violence accusations may be made if one partner:
- Threatens to harm the other
- Attempts to harm the other
- Physically injures the other
- Restrains the other partner
- Commits sexual acts without consent on the other partner
While these all constitute issues of domestic violence, there are some other reasons why one partner may call the police on the other. If one partner has ulterior motives, they may falsely accuse the other partner of domestic violence. For example, if the partner is mad at them for an unrelated offense, they may call and report them to get revenge.
What Happens When the Police Arrive
When the police arrive at the scene of an alleged domestic violence incident, they will handle it very seriously. Usually, the officers will separate the parties involved. They will ask both partners for their version of events to try and determine the truth of the incident. They will also be looking for visible injuries. At the same time, they will look around the scene for evidence of domestic violence, like broken property.
If, after the initial investigation, the police have evidence to believe that domestic violence has occurred, they could make an arrest.
Charges After a Domestic Violence Arrest
After being arrested for domestic violence, you could face various different types of charges.
- Domestic violence assault
- Assault against a family member
- Aggravated domestic assault
- Domestic assault impeding breath
- Continuous violence
Domestic violence charges can be misdemeanors or felonies, also depending on the circumstances of the offense. Whether you are facing misdemeanor or felony charges, you need to take quick action on your defense.
What if You Live Together?
Many couples live together at the time a domestic violence report is made. If you are in this situation, where are you expected to live? Typically, domestic violence cases involve protective orders. Usually, the alleged victim is granted a protective order against the defendant. The protective order then requires the defendant to keep a certain distance from the alleged victim. If the alleged victim and defendant live together, the defendant will most likely need to find somewhere else to live until the case is resolved or the order is inactive.
This can be incredibly stressful, but it is important that you follow all requirements of the protective order if you are the defendant in this type of case. Failure to do so can result in additional criminal charges and could hurt your outcome for the original, pending domestic violence charge. If you are barred from communicating with your partner, do not try to skirt the rules and speak with them in-person or online.
Facing Domestic Violence Charges in Dallas
Facing domestic violence charges can be one of the loneliest, most anxiety-inducing situations. Our team at Palmer Perlstein understands this, and we want you to know that we are here to help you in this situation. We are the team to call when you need legal guidance and aggressive advocacy. Reach us at (214) 891-3382 or online here.