Domestic Violence and Spousal Abuse Lawsuits - How Charges Are Pressed

State laws vary and, in some circumstances, federal laws may be brought into play in domestic violence cases. The following list of frequently asked questions are intended as general information. Your state law takes precedence in any of the following situations.

Can I be charged with a criminal offense for domestic violence?
Yes. Domestic violence laws are vigorously enforced by law enforcement officials. A person accused of domestic abuse can be charged for these actions: assault; harassment (in person and/or by telephone); reckless endangerment; destruction of property; intimidation with a weapon; and, violation of domestic violence restraining orders.

I have been told I am charged with a felony offense. Why?
Felony charges can be laid in extenuating circumstances, such as assault (with or without a deadly weapon), repeated violation of a domestic violence restraining order and murder.

Who decides to press domestic violence charges?
Police officers attending a domestic violence call are authorized to make an arrest if they have probable cause to believe an act of domestic violence occurred. The officers do not have to witness the incident to make an arrest. As well, the accused can be arrested at a later time and different location than where the domestic violence took place. Criminal charges are filed after arrest of the accused. The person accused of domestic violence is usually held in jail until his or her first appearance before a judge of the court. Appearances are customarily scheduled for the next day. Charges will be filed regardless of whether the victim wants to sign a complaint.

What is a domestic violence restraining order?
A domestic violence restraining order (also known as a no contact order or protective order) is issued by the Court and prohibits the accused from contacting the victim. The accused may not telephone, write or attend the victim's residence, place of work and school while under a domestic violence restraining order. Domestic violence restraining orders are in effect until resolution of the criminal case. These orders may also form part of a sentence upon conviction for domestic violence. Only the Court has the authority to remove the order.

Find a Domestic violence lawyers, spousal abuse, or personal injury professional.