The shock of facing a domestic violence charge often leads people to make hasty decisions that damage their case before they even step into a courtroom. Many individuals, overwhelmed by fear and confusion, say or do things that prosecutors later use against them. Knowing which mistakes to avoid can make a significant difference in how a case unfolds, as even small missteps during this critical time can have lasting consequences on your future, your family, and your freedom.
Should I Talk to the Police Without a Lawyer Present?
Speaking to law enforcement without legal representation is one of the most damaging mistakes people make after a domestic violence arrest. Many individuals believe that explaining their side of the story will clear up the situation, but officers are trained to gather evidence for prosecution. Anything you say can be misinterpreted or taken out of context, which strengthens the case against you. Remaining silent until you have legal counsel protects your rights while allowing a professional to guide your communications with authorities.
Is It Safe to Contact the Alleged Complainant?
Reaching out to the person who filed the complaint, even with good intentions, can result in additional criminal charges. Courts often issue “no-contact orders” immediately following a domestic violence arrest, which means any attempt at communication violates these legal restrictions. Even if the other party initiates contact, responding can be used as evidence of your disregard for court orders. Prosecutors view these violations seriously, as they suggest a pattern of behavior that could harm your defense.
Why Do People Violate Protection Orders?
Violating a protection order happens more often than many realize, usually because individuals fail to read the terms carefully or assume exceptions exist for certain situations. Some people believe that if the other person agrees to meet or talk, the order no longer applies. However, these legal restrictions remain binding regardless of what either party wants, and judges impose them to maintain safety and order. Breaking these orders can lead to additional charges, jail time, and a perception that you pose a threat.
Can I Skip Court Appearances?
Missing scheduled court dates creates immediate problems that compound your legal troubles. When you fail to appear, judges may issue a warrant for your arrest while also viewing you as someone who does not take the legal process seriously. This perception affects how the court handles your case moving forward, as it suggests you might flee or ignore future obligations. Attending every hearing demonstrates respect for the legal system while giving your criminal defense lawyer opportunities to advocate on your behalf.
Should I Post About My Case on Social Media?
Posting about your arrest or the circumstances surrounding it on social media platforms provides prosecutors with evidence they can use against you. People often share their frustrations, claim innocence, or discuss details about the incident without realizing these posts become part of the public record. Investigators regularly monitor social media accounts for information that contradicts your statements or reveals your state of mind. Deleting posts after the fact does not help, as screenshots and archives preserve this content permanently.
How Does Ignoring the Charges Affect My Case?
Hoping the charges will disappear on their own is a mistake that allows the prosecution to build its case without opposition. Domestic violence charges rarely get dropped without legal intervention, and the state often pursues these cases even when the alleged complainant wants them dismissed. Waiting too long to seek legal help limits the options your lawyer has for building a strong defense. Taking immediate action shows the court you are serious about addressing the situation while giving your legal team time to investigate and prepare.
Our Elkhart Criminal Defense Lawyers at Wilson & Kinsman, LLC Will Fight to Protect Your Rights if You Have Been Charged With Domestic Violence
If you need skilled legal representation following a domestic violence charge, contact our Elkhart criminal defense lawyers at Wilson & Kinsman, LLC. Call 574-522-1900, book online now, or submit a form for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in the surrounding areas.
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