Being accused of domestic violence can feel overwhelming, and the consequences can be severe. A conviction can impact your freedom, reputation, and future.
However, the steps you take immediately after an arrest can make a huge difference in what you experience. I’m David Reed, an experienced domestic violence defense attorney in Austin, TX.
In the guide below, I outline the most important actions to take after a domestic violence accusation. Following these steps will help you protect your rights and build the strongest possible defense.
How to React to a Domestic Violence Arrest in 7 Simple Steps
- Stay Calm & Do Not Resist Arrest
- Invoke Your Right to an Attorney
- Avoid Contact with the Alleged Victim
- Understand the Charges Against You
- Preserve Evidence
- Stay Off Social Media
- Follow Your Attorney’s Advice & Court Requirements
Step 1: Stay Calm & Do Not Resist Arrest
If law enforcement arrives to arrest you, remain calm and compliant. Resisting arrest or arguing with officers can escalate the situation and lead to additional charges.
Even if you believe the accusations are false, do not try to explain or defend yourself on the spot. Anything you say will be used against you later.
Most importantly, exercise your right to remain silent and do not answer questions without an attorney present.
Step 2: Invoke Your Right to an Attorney
One of the biggest mistakes people make is talking to the police without legal representation. Even if you believe you can clear up the situation, law enforcement is trained to build cases against their suspects.
As soon as possible, request a domestic violence attorney. A skilled lawyer will protect your rights, assess the details of your case, and guide you on the best course of action.
Step 3: Avoid Contact with the Alleged Victim
In many domestic violence cases, the court issues a no-contact order to prohibit communication with the alleged victim. Violating this order can result in additional charges, even if the other person initiates contact.
If you share a home, you may need to arrange for legal ways to retrieve your personal belongings. Your domestic violence defense attorney can help you navigate this process to ensure you stay compliant with court orders.
Step 4: Understand the Charges Against You
Domestic violence charges in Texas vary in severity — and understanding what you’re facing is crucial. An aggravated domestic assault carries different legal consequences from a misdemeanor domestic assault.
Further, the penalties become harsher if there is a prior conviction or a history of continuous family violence. Your lawyer will explain the charges against you and develop a strategy to challenge the prosecution’s case.
Step 5: Preserve Evidence
Strong evidence can make or break a case, but you can’t gather evidence on your own. All you can do is preserve any potential evidence that’s in your control, such as:
- Text messages, emails, or call logs that show relevant communication.
- Photos or videos that provide context, including any injuries you sustained.
Do not delete or alter any potential evidence, as this is a crime and can harm your credibility. A domestic violence attorney can help you determine which evidence is your responsibility to preserve or produce.
Step 6: Stay Off Social Media
Social media posts can be taken out of context and used against you in court. Do not discuss your case online, even in private messages.
Prosecutors may monitor your activity to find anything that supports their case. If necessary, adjust your privacy settings and refrain from posting until your case is resolved.
Step 7: Follow Your Attorney’s Advice & Court Requirements
Attend all required court hearings and follow your attorney’s guidance carefully. Missing a court date or violating a court order can hurt your case and lead to additional legal trouble.
Your domestic violence defense attorney will work to get your charges reduced or dismissed, but cooperation is key. The right legal strategy can result in a favorable outcome, such as dropped charges, lesser penalties, or alternative sentencing options.
Consult a Domestic Violence Attorney with Experience in Texas Law
A domestic violence accusation is serious, but taking the right legal steps can protect your rights and your future. If you have been accused, the most important action is securing the representation of an experienced domestic violence attorney as soon as possible.
At The Law Office of David Reed, I provide aggressive legal defense for clients facing domestic violence charges in Central Texas. Don’t wait — contact me today for a confidential consultation and start building your defense.