Being accused of domestic violence can pose an immediate threat to you because of the severe consequences that can follow being convicted of this crime. Unfortunately, there are some people that may not understand their rights or the process of being charged with domestic violence. For these individuals, this entire process can be somewhat mysterious, but understanding some answers to routine questions will likely make it possible for you to better appreciate what to expect when defending yourself against these accusations.
What Happens If The Person Reporting The Domestic Violence Does Not Want To Press Charges?
There may be times when someone reports a domestic violence, but they later do not want to press charges. It may seem like this is the end of the matter, but you should be aware that the prosecutor ultimately will be the one deciding whether or not to pursue charges against you. This is done after carefully reviewing the police report and witness statements.
When the prosecutor decides there is enough evidence to pursue a case against you, the victim's opinion may not be very important. As a result, it is critical for you to contact an attorney as soon as you find yourself in this situation to ensure that they have ample time to prepare a defense for your case.
If You Are Removed From The Family Home, How Do You Get Your Possessions?
Following a domestic violence accusation, it is common for the courts to mandate that the aggressor avoid the family home. However, it is probable that all of your possessions are in the home, and you will need to have access to them. Luckily, the courts have a system in place for meeting this need.
Individuals that have been banned from returning to the family home for a period of time are allowed one visit to return and gather their needed possessions. During this visit, a police officer will accompany them to ensure that there is not an altercation, and while this may be an awkward or stressful experience, you do have the right to gather your possessions following this accusation.
When an individual is charged with domestic violence, they may not be sure of what their rights are or how this process will play out. Those that are aware of the fact that the prosecutor can pursue charges regardless of the victim's wishes and that you will be entitled to gather your possessions from the home will help you to be better prepared to protect your rights during these cases.
To learn more, visit a website like http://www.jdlarsonlaw.com.