Ocean City Domestic Violence Investigations
Domestic violence refers to violence between people who live together and are related to each other in some way, be it by blood, romance, or roommate status. If you have been charged with a domestic violence offense, consult a capable domestic violence attorney. A lawyer with experience guiding people through Ocean City domestic violence investigations could be an invaluable asset in your case. Speak with a determined legal advocate who could fight to ensure that you receive a fair trial and that your rights are protected.
Duty of Law Enforcement Officers During an Investigation
The law for domestic violence is a bit different in that the law gives law enforcement officers the power to make an arrest even if the incident did not happen in their presence. Typically, if an officer is investigating a misdemeanor, unless it occurred in front of the officer, the officer cannot make an arrest. The officer can go file charges against the defendant. But, in a domestic violence situation, the officer is allowed to basically make a determination if that defendant should be arrested on the spot and can do that.
It is different to receive a summons for charges versus, all of a sudden, finding oneself under arrest and in the custody of a police officer; and then being subject to whether or not a Commissioner is going to let them out on bond or is going to make them stay incarcerated. The laws have been written such that police officers are expected to go that extra mile when something is defined as being domestic violence.
How do Investigations Change Based on Who the Violence Was Inflicted on?
Who the violence was inflicted upon is not as critical as who was present during that incident which could really have an effect on what happened. If it was a situation between two people that got physical, the defendant could be charged with assault or false imprisonment. If the children were present during that assault, then that also could be the basis for the defendant being told that they cannot have any contact with the children. That can be a factor that plays a part in a protective order.
Judges absolutely will take into consideration any part the children played and what they witnessed during Ocean City domestic violence investigations and trials. For example, if a child is being held by their mother during the incident, that is absolutely going to impact the pretrial conditions. The judge may order the abuser to have no contact with the complainant, and since the complainant is the mother of the children, there is not going to be any contact with the kids either. Or it could be factored into a protective order that the person can have supervised visitation with their children.
Child Custody Following a Domestic Violence Offenses
If a person has been charged with assaulting their partner, there are a couple of different ways that the law could have an impact on them with child custody and visitation. One is they could be criminally charged with assault and, as a part of that, it is possible that they would have pretrial conditions placed on them that say that they cannot have any contact with the complainant.
No contact with the accuser means the person is given kind of a de facto custody decision as well; they cannot have any contact with the mother of their children and the children are with the mother, which means the defendant is probably not going to have contact with his children as well. As the law relates to assault charges, that would give the alleged victim the ability to get a protective order.
Domestic violence is taken seriously by the state. Protective orders are pieces of paper that the complainant of domestic violence carry with them to protect them. Occasionally the alleged victim will need to work with a shelter or an advocacy group that will assist them in understanding how to keep them safe during Ocean City domestic violence investigations.
The protective orders actually do have a section that involves custody. A protective order can temporarily indicate, per the judge’s ruling, who is going to have the kids and what type of contact the defendant can have with their children. A protective order can turn into a no-contact order; a de facto custody order; and a de facto child support order. It really has a lot of different pieces to it that can impact the defendant.
False Allegations of Family Abuse in Ocean City
In some instances, there are individuals who are not the alleged victims of domestic violence but they either figured it out themselves or have been advised by an attorney that if they want to put themselves in the best position in an upcoming divorce or custody battle, that they will seek a protective order. That is not the way this is supposed to work.
It is an abuse of the system and judges hate it. Judges hate feeling they are being manipulated in order to help this person get the result that they want in their custody matter or their divorce matter. Things like that are sure to come to light during Ocean City domestic violence investigations. If you are the subject of false allegations, consult a skilled domestic violence attorney that could defend you.