Being arrested for domestic battery can be overwhelming, frightening, and confusing. The legal system takes these charges seriously, and what you do next can have a major impact on the outcome of your case. Here’s what you need to know and the steps you should take immediately following your arrest.
1. Remain Silent and Request an Attorney
After your arrest, anything you say can be used against you in court. It’s crucial to remain silent and avoid discussing the incident with police, alleged victims, or even family members until you speak with a lawyer. Politely invoke your Fifth Amendment right and clearly request an attorney.
2. Understand the Charges
Domestic battery typically involves intentional physical contact with a household or family member that causes harm or is offensive. Even minor contact can lead to charges, and a conviction may carry jail time, fines, probation, mandatory counseling, and loss of certain rights (like firearm ownership).
Some states automatically issue no-contact orders following a domestic battery arrest, which means you may not be allowed to return home or speak with the alleged victim—even if they want contact.
3. Follow All Court Orders Strictly
If a judge issues a protective order or sets conditions for your release, it is vital that you follow them without exception. Violating a no-contact or stay-away order—even through a phone call, text, or social media—can result in additional criminal charges or jail time.
4. Hire a Criminal Defense Attorney
Your best defense starts with experienced legal representation. A skilled criminal defense attorney will review the facts of your case, explain your rights, and build a defense strategy. They may explore:
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Self-defense claims
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Lack of intent
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False allegations
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Lack of physical evidence
Your lawyer can also negotiate with prosecutors, potentially reducing or dismissing charges before trial.
5. Gather Evidence and Witnesses
If you’re allowed to do so, begin gathering evidence that may help your defense. This can include:
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Texts or emails with the alleged victim
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Photos or videos of the incident or aftermath
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Eyewitnesses who were present or can speak to your character
Let your attorney handle collecting and presenting this information appropriately.
6. Consider Counseling or Anger Management
Even if not court-ordered, voluntarily enrolling in anger management, relationship counseling, or substance abuse treatment can show the court that you take the situation seriously and are working to improve. This could benefit you in both court proceedings and personal life.
7. Avoid Retaliation or Public Statements
Do not retaliate or attempt to “clear your name” on social media. Public statements, especially emotional ones, can be misinterpreted and used as evidence against you.
Final Thoughts
An arrest for domestic battery is serious, but it doesn’t have to define your future. By staying calm, hiring a strong defense attorney, and complying with the legal process, you give yourself the best chance of a fair and favorable outcome.
Contact FKMALaw.com and find out how we can help you!