Domestic Violence Crime: Criminal Charges, Arrests, and Legal Consequences

While the specific statutes vary significantly by state, a domestic violence crime generally involves any act of physical violence, threats, harassment, or coercive control directed at a person with whom the defendant shares a domestic bond. This relationship requirement usually includes current or former spouses, cohabitants, co-parents, or individuals in a current or past dating relationship. Criminal acts that fall under this umbrella include:

• Stalking and Harassment: Repeated unwanted contact or surveillance.
• Criminal Threats: Statements intended to place the victim in fear of great bodily injury.
• False Imprisonment: Restricting a person's freedom of movement without consent.

The primary distinction between a domestic violence crime and simple assault is the relationship between the parties. Because of the domestic nature of the offense, legislators have increased the severity of the penalties and created additional procedural hurdles, such as mandatory protective orders. A domestic battery charge often carries stricter sentencing requirements and mandatory counseling programs compared to a non-domestic assault charge.

Many states have enacted "pro-arrest" or mandatory arrest policies for domestic calls. If an officer finds probable cause to believe a domestic violence crime occurred, they are often required to make an arrest, regardless of whether the victim wants to press charges. The decision to prosecute rests solely with the District Attorney or City Prosecutor.

It is a common misconception that a victim can "drop the charges." Once the police file their report, the case belongs to the state. Even if the victim recants their statement or refuses to testify, the prosecutor may proceed using 911 recordings, body camera footage, or medical records. SJKP LLP applies a surgical review of these state-owned cases to identify evidentiary weaknesses and procedural errors.

The grade of the offense is a critical determination in any domestic violence crime.

• Misdemeanor: Typically involves incidents with no visible injury or minor injuries. While less severe than a felony, it still carries the risk of jail time and the permanent loss of firearm rights.
• Felony: Charges are elevated to a felony if there is significant bodily injury, the use of a deadly weapon, or a history of prior domestic convictions. A felony conviction carries the potential for state prison and long-term supervision.

Beyond battery, prosecutors often file multiple counts to increase their leverage during plea negotiations. These may include criminal threats, witness intimidation, or a domestic violence protective order violation. Protective order violations are treated as separate criminal offenses, meaning a simple text message sent while a no-contact order is in place can lead to a new arrest and additional jail time.

Immediately following an arrest, a judge or law enforcement officer may issue an Emergency Protective Order (EPO). This mandate prohibits all contact with the victim and often requires the defendant to vacate their shared residence immediately. Violating these conditions is a high-risk error that can lead to the revocation of bail and immediate re-incarceration.

Release after a domestic violence arrest often comes with stringent conditions. The court may require "supervised release," GPS monitoring, or mandatory attendance at a batterer’s intervention program as a condition of bail. SJKP LLP intervenes early in these proceedings to negotiate for the least restrictive release conditions possible, preserving your ability to work and manage your family obligations.

Under the Lautenberg Amendment, a federal law that applies across all states, anyone convicted of even a misdemeanor domestic violence crime is permanently prohibited from possessing firearms or ammunition. This is a life-term ban that can end careers in law enforcement, the military, or private security.

For non-citizens, a domestic violence conviction is often classified as a "crime of moral turpitude" or an "aggravated felony," which can trigger mandatory deportation or the denial of a green card. Furthermore, professionals in healthcare, education, or law may face the suspension or revocation of their professional licenses following a domestic violence criminal case.

We do not engage in emotional theatrics; we execute a clinical defense based on the facts:

• False Allegations: Highlighting motives for fabrication, such as gaining leverage in a child custody dispute.
• Self-Defense: Proving that the defendant used reasonable force to protect themselves from an aggressor.
• Lack of Evidence: Challenging the credibility of the witness and the absence of physical injury or corroborating data.

The most critical period of a domestic violence criminal case is the first 72 hours. This is the window to preserve evidence, such as security footage or text threads, that the state might ignore. We control your initial statements to prevent the government from using your words as the cornerstone of their prosecution.