How Serious Is A Domestic Battery Allegation?
How Serious Are Domestic Battery Allegations? Are They Bondable Offenses? Are There Protection Orders Placed Right Away?
When someone comes in with charges of domestic battery, usually, it is the person’s first offense for any type of crime. They are just getting ready to go down the rabbit hole of finding out how much trouble they are in.
A first time domestic battery charge is simply going to be a Class B misdemeanor. That does not sound like a big deal. “Misdemeanor – a simple thing?” However, because of so much negative stigma associated with domestic battery, and it has ancillary consequences of losing constitutional rights, every time there is domestic battery allegation and someone gets arrested it’s a big deal.
When a person gets arrested for domestic battery, which is going to happen every time, they are not going to issue a ticket. They may spend the night in jail before they can get in front of a judge, and most people are not used to being thrown in jail.
After that, when they go in front of a judge, there is a law that says they have to have seventy-two hours of no contact with the alleged victim. They are talking about a couple of days of not being able to even contact their spouse, which the idea of it sounds good. This gives them time to cool down. When they take that into the real world, people have bills they have to pay. They have work they have to go to; they have kids they have to deal with. They have all these things they have to do as a team that all of a sudden weighs on one person and the other person cannot even contact them. All of a sudden, it is on one party to do everything and they cannot even contact them to split things up or to even say, “You get the kids this day and I’ll get the kids tomorrow.”
Since the person is going to be barred from contact, because of that seventy-two hour rule, they are going to be barred from staying at the marital residence for that first seventy-two hours. This basically means they are homeless. When someone gets arrested, they never get arrested with their wallet, keys and everything ready to go. This means that when they get out of jail, they are in this huge problem because they have seventy-two hours where they cannot go home. Usually, the person will be out on bond. They will have to try to deal with that. They cannot talk to their most important partner in helping them, and they are trying to get hold of family or friends to bond them out. Then a person that is charged with this, they are going to be under bond conditions with possibly bond supervision. That means they basically have to be on probation while they are on bond. They are not going to be able to drink, they are not going to be able to have guns and they are not going to be able to stay at their regular residence for at least those seventy-two hours.
A lot of times, the judge will order just a straight no contact between the parties for an indefinite period of time. This means they might be going from talking to their wife every day to not at all and then dealing with not talking to kids for a month or two. Imagine what that does to their entire world. Therefore, although everything seems simple, what seems to be a Class B misdemeanor, it really blows up their world whenever it happens to them.
A Domestic Battery Allegation Can Be A Serious One Depending Upon The Circumstances. Call the law office of Copley Roth & Davies LLC to Request a FREE Consultation at (913) 451-9500 and get the information and legal answers you’re seeking.
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