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What happens when the police are called on a domestic violence case? Police responding to a domestic violence call will usually talk to both parties involved in the dispute. Based upon these conversations and other investigation, the police will make a decision as to whether they believe probable cause for domestic violence exists. If there is probable cause, the police will usually arrest the accused. In some situations, however, such as if the accused is no longer present on the scene, an arrest will not be made, but the accused will be summoned to court at a later date. If I wasn't arrested at the time of the incident, why am I now receiving papers from the court indicating that I have a court date? If for some reason you are not arrested at the time of the alleged incident, the police may nevertheless file a police report and present a criminal complaint in the appropriate court. If this complaint is accepted by the court, you will then receive a summons to make a court appearance at which you will be required to enter a plea of guilty or not guilty. This can happen even though you are not arrested at the time of the alleged incident. It is advisable to retain legal counsel immediately, as your initial appearance in court can often be waived and your attorney can request that you simply be released upon your own recognizance. What happens after my arraignment? After you are arraigned on charges of domestic violence, the state will begin the prosecution of your case. At this time, your legal counsel is allowed to conduct interviews with all individuals involved in your case, and to preview any physical evidence or documents the state may introduce as evidence at your trial. If appropriate, your attorney will advise you with regard to entering a plea in the case, or prepare your case for trial. In misdemeanor cases, this procedure must be completed within six (6) months of the time of your arrest or arraignment. As a witness in a domestic violence case, am I required to testify in court? In misdemeanor cases, the general answer to this question is that if you have been personally served with a subpoena for trial and you are not asserting any Fifth Amendment rights, you are required to provide testimony at trial, and may face contempt of court charges for your failure to appear. In a domestic violence case, this is true even if the person you are asked to testify against is your spouse. What happens once a police report and criminal complaint have been initiated? Once a police report and criminal complaint have been initiated in a domestic violence case, it is the state's decision and not the decision of the alleged victim to continue to prosecute the defendant. Recently, the State of New Mexico, and particularly Bernalillo County has become increasingly aggressive in prosecuting domestic violence cases, even when the parties continue to reside together, and even when the alleged victim does not want to press charges. Because domestic violence is a serious criminal charge, you should always seek the advice of a criminal defense lawyer if you become involved in this type of case. If there is a criminal case pending for domestic violence, can I still obtain a restraining order? Although in most pending domestic violence cases the court will issue a no contact order between the parties, it is still possible and advisable for the alleged victim to obtain a restraining order against the accused. A restraining order can be longer in duration and more extensive in scope than a no contact order. In Bernalillo County, you can initiate this proceeding at the Bernalillo County Courthouse. In counties outside of Bernalillo County, a phone call to any of your local courthouses should provide you with the appropriate location for filing a restraining order. |