In Mecklenburg County and the rest of Virginia, domestic violence is any act of violence, from assault and battery to felonious conduct, between members of a family as defined in the Code of Virginia.
If someone has been accused of domestic violence in Mecklenburg County, they can expect to go through a lengthy process. This usually includes arrest, a bond hearing, an initial hearing in court or an arraignment, and eventually a trial, for misdemeanors, usually within 30 days of the arrest. For felonies, it could take six months or even a year to get a case resolved.
Reach out to a seasoned attorney to learn more about what to expect from Mecklenburg County domestic violence charges. A skilled domestic violence defense lawyer could advocate for and help protect your rights.
The duty of law enforcement is to ascertain the facts as objectively as possible and to determine whether any violations of the law are committed by an individual and then to arrest and pursue charges against them. They determine that someone is likely to have violated the criminal law. An individual who is under investigation should refuse to answer questions from law enforcement and reach out to an attorney instead. It is crucial to understand that whatever someone says to an officer can be used against them in court.
A person who has been accused of domestic violence should expect a protective order to be issued against them. The most common type of protective order and instance of domestic violence is an emergency protective order that goes into place immediately following an arrest, which lasts for 72 hours. The order can be extended into a preliminary protective order and further extended to last up to two years. Violating a protective order is a separate criminal offense that is a misdemeanor charge. People who violate one face jail time in almost every situation.
A domestic violence charge in Mecklenburg County can affect child custody and visitation in many ways. Therefore, it is critical that an accused person consults with an attorney as soon as possible. The attorney will be able to give them a full understanding of how the charges might affect their ability to have visitation or custody of their child.
If violence was alleged to have been inflicted on a child, that will have a very serious effect on the custody mediation situation. If, however, the violence is alleged to have been inflicted on an adult family member, it is still possible the custody and visitation may not be immediately altered.
A seasoned criminal attorney will have experience in defending against domestic-violence charges, as well as experience in dealing with custody and visitation issues that might arise as a result of those charges. They will be familiar with the courthouse personnel with the relevant laws, available defenses for the accused, and the likelihood of success, depending on the facts and circumstances of each case.
Call today for more information about what to expect from Mecklenburg County domestic violence charges.
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