A Holiday Reminder About Domestic Violence

Two law enforcement officers, working hard at providing justice, keeping the peace, and making the country a safer place, try to talk down a man in his home holding a baseball bat. The perpetrator is silhouetted by the door. A depiction of a high stress violent situation for a policeman or policewoman.

People associated many things with the holiday season. While there are many positive things about this time of year, one of the negatives is that the holidays are linked to a spike in domestic violence incidents.

Whether the increased domestic incidents between Thanksgiving and New Year’s Day are a result of increased stress and alcohol consumption or just a coincidence, it is important to understand how serious the implications of a domestic violence accusation are. A call to the police could result in you or your partner ringing in the New Year behind bars.

Someone Is Getting Arrested If Police Show Up

Police officers called to the scene of a domestic disturbance are not going back to the precinct empty-handed; someone is getting arrested. Officers are required by state law to determine who the “predominant aggressor” was and place them under arrest.

“But what if it was just a misunderstanding?”

Someone is getting arrested.

“What if they recant their accusation?”

Someone is getting arrested.

Once a person is arrested for domestic violence, the case will be referred to the district attorney’s office for a decision on what charges to file. At that point, the decision on whether to bring charges is no longer in your partner’s hands.

Save Your Talking For Your Attorney

You will not be able to talk your way out of domestic violence charges. The best course of action after a domestic violence arrest is getting in touch with an experienced criminal defense attorney immediately. Anything you say can and will be used against you; your attorney can handle the interactions with the police and reach out to the prosecution to potentially head off damaging charges or otherwise limit your exposure to criminal penalties and collateral consequences.

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