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Domestic violence occurs when an intimate partner assaults, abuses, threatens, stalks or intimidates the other. Domestic violence typically occurs between a husband and wife, domestic partners, couples or same sex partners. Domestic violence can also involve children, siblings and others living in the home. My office routinely sees the following charges in domestic violence cases.
A domestic violence prosecution usually begins with a call to 911 by the victim. When the police arrive, they question the victim and suspect and usually photograph any injuries to the victim. The suspect will then be arrested and brought back to the police station for processing. Bail will be set before a Justice of the Peace (magistrate) by video. Bail reform in Delaware has made the bail guidelines more stringent for domestic violence cases. You could be detained on bail depending on the facts of the case. Misdemeanor domestic violence cases will typically result in release on unsecured bail1. As a condition of bail, the judge will likely order “no contact with the victim” and exclude you from where the victim lives and works. If you live with the victim that means you cannot go home. If your kids live with the victim, temporarily you will not be able to see them. You must file for a bail modification as explained below. If the charge involves a felony, a secured bail2 may be required.
In addition to criminal charges, the victim may also go to court and seek a civil Protection From Abuse Order (PFA). The protection from abuse order may give the victim added protection and benefits such as ordering the Defendant to pay money for child support and rent, ordering temporary custody of children to the victim, and extending the period of time for “no contact.”
Misdemeanor domestic violence cases will be heard in Family Court. Felony domestic violence cases will be scheduled for a preliminary hearing in the Court of Common Pleas then proceed to Superior Court. For misdemeanors, your first court appearance in Family Court will be arraignment. After arraignment, you will receive a date for a Family court case review. A case review is an opportunity for you or your attorney to discuss a potential plea with the Deputy Attorney General. If the case cannot be resolved at case review, your case will be scheduled for trial. In Family court you are entitled to a bench trial. You do not have the right to a trial by jury in the Family Court.
A domestic violence case is not something to take lightly. Potential penalties could include
If children are involved, charges related to domestic violence could negatively affect any future custody proceedings. It is important to mount an effective and vigorous defense. After years of criminal practice, I have developed certain techniques and protocols for successfully defending domestic violence charges.* Many of my clients have their charges withdrawn or dismissed at trial or prior to trial.* It is my goal to have the client come out of the prosecution relatively unscathed with minimum impact on their life.
Below are just a few techniques that I have used in the past to successfully* defend clients in domestic violence cases in Delaware.
If the victim chooses to file for a PFA, the PFA “no contact order” may overlap or supplement the criminal “no contact order.” It is important to have effective representation in the PFA hearing. The PFA can often set the stage for future custody or divorce proceedings3. In defending a PFA petition, the following are examples of positive outcomes depending on the facts of the case:
Contact Jason R. Antoine, Domestic violence defense lawyer if you or someone you love has been charged in a domestic violence related incident. It is important to meet with an experienced lawyer as soon as possible. You can set up a free consultation by calling 302-482-4802.
* Past results are not indicative of results in future cases. Characterizing results in past cases can be subjective. Every case is different. You should consult an attorney prior to making any decisions about your case. Reading this web page is not a substitute for live legal advice.