More often than not, an arrest for domestic violence is typically a prelude to the filing of a Restraining Order or a Divorce. Sometimes a criminal charge of domestic violence can lead to a civil lawsuit for tortious conduct, such as battery or assault.

In some circumstances it is appropriate to combine these actions, such as filing for a restraining order after an act of domestic violence. However, in many cases it is merely the beginning of a broader strategy to wrest control from an Accused.

Oftentimes a restraining order or a divorce is filed the next day after an arrest has been made. This often occurs while the Accused is still in jail. The restraining order or divorce often awards the person filing for it with the house, the kids, the personal property in large part, and control over the family finances, at least on a temporary basis. All while the Accused sits in jail, utterly unable to defend himself/herself. Oftentimes, even if the person was released from jail, he/she is still ordered by the court to have absolutely no contact with the other person, the children, or the residence.

To be fair, the person served with a restraining order or divorce has the opportunity to challenge the allegations or the provisions (such as the grant of the house, or the award of custody or parenting time). However, this usually comes weeks after a judge has already granted these provisions to the Accuser! In many cases, those assets are long gone. Furthermore, the threshold of proof in these matters is very low—basically a person simply has to make the claim to provide the basis to support the continuation of a restraining order. Divorce requires a bit more substantiation.

It is an unfortunate fact, but many times people have figured out how to “work the system” by claiming domestic violence and then taking advantage of a person while they are unable to do anything about it. This is terribly unfair.

DIVORCE
An arrest for domestic violence can be particularly troublesome in a divorce setting. It can be a basis to deny custody or modify parenting times, or to possibly award a significant amount of support in favor of the other party.

TORTIOUS LITIGATION
In other cases—in more rare circumstances—an arrest for domestic violence might precede civil litigation for tortious conduct, such as battery, assault, false imprisonment, sexual harassment, sexual assault & battery, coercion, intentional infliction of emotional distress, or others.

This is where the Accuser is trying to get money out of you to compensate for damages. This could be in addition to a Restraining Order (mentioned above) or a Divorce.

Needless to say, when you are arrested for domestic violence, many forces come into play which are often not so readily apparent to those without legal training and experience. You need to get advice from and have the protection of an attorney who has dealt with these issues as a significant portion of his/her practice.

You need to professional assistance of The CAPETTI GROUP Law Offices. Domestic Violence Defense is a major portion of our practice. Call us today for an immediate appointment.