There are several differences between civil and criminal cases involving domestic violence allegations. You may face both at the same time, and each type of charge or court order can significantly affect your life. To preserve your future and protect your relationships, you need a skilled lawyer to guide you through the legal proceedings.
At Grand Canyon Law Group, we know how to handle civil and criminal domestic violence cases in Gilbert and minimize the impact on you and your family. Give us a call today to discuss your situation.
Civil cases for domestic abuse allegations typically involve orders of protection or other injunctions against harassment. The named victim may ask the court to create an order preventing the alleged domestic abuser from contacting or going near them for one year. This is a civil action brought by the named victim rather than a criminal charge brought by the state.
However, civil cases often become intertwined with criminal domestic violence cases. Both can occur simultaneously, and an order of protection creates a mechanism for a person to be accused of a crime if they violate the order. An experienced attorney at our Gilbert office can both challenge civil orders of protection and represent defendants in criminal domestic violence cases.
An accuser may also decide to drop an order or protection charge or allow it to expire at the end of the year. However, it is crucial to note that a district attorney can still pursue domestic violence charges and require the accuser to participate in the criminal case.
Unlike an order of protection, an alleged victim does not ask for a criminal domestic violence charge, although they have a right to be heard in the case. Rather than an accuser requesting court action against another person, a criminal domestic violence case is the state charging that person.
During that process, the named victim in the case has the right to make their wishes known. In many cases, the named victim may not even want the defendant to be arrested. However, the prosecutor can still pursue the case. It is completely up to the prosecutor whether they bring charges or dismiss a case. In criminal domestic violence cases, it is crucial for a defendant to seek legal counsel from a dedicated attorney in the area.
There are many reasons why an accused person should limit contact with their accuser during civil and criminal domestic violence cases. For one, anything they say can be used as evidence. People may be putting themselves at risk by living with their accusers while the case is pending, especially if it is a volatile situation.
If a person’s release order prohibits them from contacting their accuser, they risk going back into custody or facing new criminal charges. As such, it is best to avoid contacting one’s accuser in a civil or criminal domestic violence case and instead contact a Gilbert lawyer at Grand Canyon Law Group.
Regardless of what specific charges or court orders you face, a domestic violence allegation can affect every aspect of your life. You may be unable to return home or speak with your family members pending the outcome of your case.
To limit the impact this event has on your life, you need dedicated legal support. Grand Canyon Law Group is prepared to be your steadfast advocate throughout civil and criminal domestic violence cases in Gilbert. Call us today to learn how we can fight for you and your way of life.