Am I Allowed To Speak To My Spouse After Being Arrested On Domestic Violence Charges?
I would advise anyone who has been charged with domestic violence to not contact the victim unless they’ve gone before the judge and determined whether or not contact with the victim is permitted. In most cases, a defendant of a domestic violence charge will have to sign a jail release agreement prior to being released from jail, and that agreement will require them to agree to not contact, threaten, or harass the alleged victim. A jail release court order will have the same restrictions. Even if the alleged victim contacts the defendant in an attempt to make amends or get back together, the defendant should not speak with the alleged victim unless they have been given explicit permission to do so.
How Do Police Determine Who The Aggressor Actually Was In A Domestic Violence Case?
When the police arrive to the scene of a potential domestic violence incident, they will separate the parties and begin conducting an investigation. They will talk to each of the parties and assess their credibility as best as they can. They will interview anyone who may have witnessed the incident, and look for signs of injury on each party. Based on a consideration of all of this information, they will make a determination as to which party they believe was the aggressor.
Am I Allowed To Go Back To My House to Get My Possessions After Being Charged With Domestic Violence In Utah?
Jail release agreements and jail release court orders generally prohibit defendants of domestic violence from returning to the home to retrieve their possessions. In most cases, an arraignment will be scheduled within 48 hours of an arrest, and during that arraignment the defendant’s attorney could request that the jail release agreement be dropped or that the defendant be allowed to retrieve their belongings in the presence of an officer. This would require them to call the local police department and make arrangements to retrieve their personal items from the home, such as clothing, medications, and important documents.
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