When the police are called for domestic violence charges, they are able to make an arrest if they have probable cause to believe any abuse took place. They do not have to witness violence itself but can use the current circumstances to determine if someone violated the law. It should be noted that police must write a report if they do not make an arrest, detailing their decision. An officer who doesn’t want this extra work may find it easier to pull out their handcuffs and remove someone from the scene.
This person will be jailed and likely charged with domestic assault. They may also face temporary or permanent restraining orders that make it impossible to go back home. This can all happen very quickly, as the legal system is designed to protect victims from facing retaliation.
If you find yourself in this situation, you may not be able to talk to, much less see, your accuser while the charges against you are investigated. However, even if the other party declines to file a protective order and the two of you reconcile, your worries are not over. Criminal charges aren’t brought by victims—they are brought by the state. Therefore, once they have been filed, the original accuser cannot have them dismissed. Only the prosecutor can make that decision.
Domestic Violence Charges in Missouri
Being accused of domestic violence is serious, and anyone in this situation must start thinking about their defense as soon as possible. Missouri law outlines four degrees of domestic violence charges. The most serious is a class A felony charge—which, if proven, could send you to prison for decades.
It’s understandable if you feel upset, angry, or scared when facing such a major accusation. Many people in this position take an approach of unfounded optimism, assuming their partner will calm down and they’ll be released from jail on that person’s say so, no further legal action necessary. This may make someone feel better, but it’s not realistic. If you are facing domestic violence charges, you need to contact an aggressive defense lawyer, because these cases don’t just go away. However, a capable domestic violence attorney can provide legal advice and defend your rights against a hostile prosecutor.
How Can I Fight Domestic Violence Cases?
There are a number of strategies we may employ on your behalf if you’ve been charged with domestic violence. They will differ depending on whether you have a criminal history or have been accused of domestic violence in the past; what sort of evidence the prosecution intends to use against you; and the type of abuse you have been charged with. Your legal defense strategy can and should be tailored to your exact situation.
Something anyone accused of a crime should remember is, in America’s legal system, you are always innocent until proven guilty. A prosecutor may try to make the case against you seem airtight to intimidate you into confessing. However, this tactic is often used when the opposite is true. If they don’t have enough evidence to prove the allegations, a confession works in the prosecution’s favor. Don’t let them use this strategy to get you to plead guilty to something you didn’t do. If the case against you isn’t strong enough, you may actually see your charges decreased or withdrawn entirely. This might happen if:
- Your accuser is your spouse, and they choose to take advantage of their legal protections so they don’t have to testify against you in court
- The prosecution does not have proof of the injuries you were accused of causing
- Witness testimony is inconsistent and/or contradictory
Our Domestic Violence Defense Team Is Ready to Fight for You
After being charged with any crime, it’s common to feel you’re in over your head. The legal system is confusing to most people, and the team working against you may be intimidating. This is why it’s important for you to get an experienced and aggressive attorney on your side as soon as possible. Anyone who is facing criminal charges has the right to a lawyer who can advocate for them and do their own investigation counter to the state’s. The prosecution isn’t likely to present evidence that works against them, but we may be able to uncover proof that the charges against you are unfounded. We can also dispute the evidence the prosecution has and, if we are able to convince them their case is too weak to win, officially request the charges be withdrawn.
Don’t wait to retain an attorney if you’ve been accused of domestic violence. Hiring a skilled advocate is the best way to increase your chance of an optimal solution.
Call The Hammer Law Firm, LLC at (314) 334-3807 or send us a message to schedule a free consultation. As former prosecutors, our attorneys know how to protect you against unfair charges.