Virginia Criminal Defense Attorney
Virginia law enforcement officers are required to make an arrest in a domestic violence case if they see a crime committed in front of them. If they are seeing an incident of domestic violence, they need to arrest. Otherwise, if they are called to a scene, then they do not have an obligation to arrest.
If you have been arrested for domestic violence in Fairfax, contacting an experienced domestic violence lawyer can be vital to your case. A Fairfax domestic violence lawyer can give you the peace of mind you need to proceed with your case.
Probable cause in Fairfax is substantial. It is a certain amount of evidence that is needed in order to be able to arrest someone for domestic violence. In Virginia, the necessary evidence that somebody committed a crime of domestic violence, means it is something more than reasonable suspicion and something less than beyond a reasonable doubt. It is not defined exactly in the state of Virginia; it is just defined by case law by crime.
For domestic violence arrests in Fairfax, there is not any set definition of reasonable fear of imminent bodily injury, sexual assault, or death; it is taking everything that is considered reasonable and then looking at the actions. Unfortunately, there is a lot of specific domestic violence case laws in Virginia therefore, there is not a definitive definition for it. Domestic violence arrests are litigated all the time.
Domestic violence arrests usually come with a protective order attached. If an individual is arrested for domestic violence, usually a protective order will be issued automatically. The protective order will protect the victim. It sometimes gives custody to the alleged victim or the use of the house, and then the protective order will last for 72 hours until, at that point, a temporary protective order can be put in place, which will last until the court date on the permanent protective order, so approximately two weeks. 72 hours and two weeks, then there is a permanent protective order.
After somebody is arrested for domestic violence in Fairfax, the police will bring them to the station and in front of the magistrate. At the point that they are in front of a magistrate, they will explain to the magistrate the circumstances surrounding the domestic violence charges, give information to the magistrate and the magistrate will determine whether or not there is probable cause to arrest this person for domestic violence.
If there is probable cause for the Fairfax domestic violence arrest, the magistrate will go ahead and serve the individual with a warrant. At that point, they will either issue a bond or not issue a bond based on the seriousness of the charge, the person’s record, and certainly the person’s likelihood to appear. If a bond is issued after the arrest, the person can bond out. If a bond is not issued, then the person is held in jail until their attorney files for a bond.
If an individual was trying to defend themselves and admits to pushing somebody or grabbing their hand, that is, unfortunately, a situation that is going to cause them to have admitted to committing a technical assault and battery. Once an individual has admitted to domestic violence charges, the domestic violence case becomes easy for the prosecutor to prove.
Anything somebody says to the police during or after a domestic violence arrest is going to be used against them in the court. That is unfortunately just what happens in these situations. The more a person talks to the police, the more that they can use the person’s words against them after the domestic violence arrest in Fairfax.
It is always better to not say anything when in a situation where the police are asking questions. When in doubt, ask an attorney. When in doubt, the domestic violence attorney will advise them on what should and should not be shared with the police.
The reason that individuals should consider having somebody by their side as soon as they get arrested is because it is so easy to say something inadvertently or to want to explain themselves to the police and, in reality, be admitting to something that is a technical crime, especially in situations with assault and battery.