Pretrial Process in Gilbert Domestic Violence Cases

For most domestic violence charges, the court often creates an order preventing the accused person from contacting the alleged victim. This could prevent the defendant from returning to their home if they live together.

A seasoned attorney at Grand Canyon Law Group can work to minimize the impact of a domestic violence allegation on your life pending trial. Our lawyers can further explain the pretrial process in Gilbert domestic violence cases and discuss your legal options.

Arguments Against No-Contact Orders in a DV Case

One important factor in the pretrial process for a domestic abuse case is the named victim’s position on whether they want contact with the defendant. If they want the defendant back home, a Gilbert attorney can help relay this information to the judge.

Our lawyers can also argue against a no-contact order based on a lack of criminal or violent history. Legal counsel could bring up the low severity of the accusation or demonstrate the impact that staying in police custody could have on a person’s employment.

Conditions of Release in Domestic Abuse Cases

Judges typically impose do not return and do not contact orders in domestic violence cases. This prevents a defendant from returning to the scene of the alleged crime or contacting the named victim. The defendant may also be required to undergo random alcohol testing or regularly contact a pretrial officer.

No-contact orders can pose a significant burden on a person’s daily life and even prevent them from returning home. Our Gilbert lawyers often try to get these terms of release changed in domestic violence cases, allowing the defendant to return home on the condition that they cannot harm, threaten, or harass the named victim.

Failing to Abide by a No-Contact Pretrial Order

If a person is accused of violating a no-contact order while awaiting a domestic violence trial, they could get charged with a new crime (interference with judicial proceedings). They may also be taken back into custody. Violations of no-contact orders can also make the negotiation process more difficult for an attorney in the pretrial stages of a Gilbert domestic violence case. If the prosecutor believes the defendant is unwilling to abide by court orders, they are less likely to offer a good plea deal.

No-contact orders also cover indirect contact, making it dangerous for a defendant’s family or friends to contact their accuser. There is always some risk that a judge will believe they were trying to influence the accuser in some way. Sometimes, a named victim can contact a defendant’s attorney before a domestic violence trial and waive their rights, but legal counsel is restricted from reaching out to them. It is best to consult a skilled Gilbert lawyer at our firm and have legal counsel throughout the domestic violence pretrial process to avoid doing anything that may hurt one’s case.

Discuss the Pretrial Process with a Gilbert Domestic Violence Attorney

If you were charged with domestic violence, it is best to contact a dedicated attorney as soon as possible. The former prosecutors at Grand Canyon Law Group know how to protect your rights and fight for your best interests at every stage of the legal proceedings. We have significant experience defending people throughout the pretrial process in Gilbert domestic violence cases. Call us today to discuss your legal options, and let us help preserve your way of life moving forward.