Stay Away & Protective Orders

If the police are called to investigate a “domestic abuse” or “domestic violence” call, it is highly likely that someone will be arrested.  Once the police become involved, the liability on the police to not take action usually becomes too great for them to simply let the parties go on their way. 

Once the case finds its way into criminal court where the defendant is facing criminal domestic violence or domestic abuse charges, prosecutors will almost automatically file a stay away or protective order, limiting the defendant’s contact with the spouse, children, family, or the alleged victim.  This can be a major disruption in your life, especially if the arrest lacks significant evidence of a crime.  Furthermore, it can cause a serious disruption to your work and professional life, often temporarily requiring relocating and temporary residence away from your loved ones.  In some courts, the court will even require the victim to attend counseling before any alterations to the protective order are made, regardless of the severity or lack of seriousness of the case. 

Hiring a competent, aggressive criminal defense attorney to be proactive against these charges is imperative.  Often times, the stay away/protective orders can be avoided.  But waiting to call an attorney until after charges have been filed, after statements to police have been made, can be crucial mistakes. 

You have rights.  You should exercise those rights.  And the only way to do so is to hire a criminal defense attorney who handles these cases properly.

Do not talk to police.  Do not provide statements, even if you think they are statements which declare your innocence – they will only be twisted and used against you.  First, consult with a lawyer. 

Do not consent to a search of your person/residence/vehicle.  Demand a search warrant.

Ask for your lawyer.  These are your constitutional rights – exercise them!

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