The majority of times in a domestic violence, one or both of the parties have been drinking alcohol. It’s rare to see drugs as the cause of anger. In fact, drugs are less often involved in domestic violence cases than just two sober people who get into an argument, but alcohol is very frequently involved. Sometimes it makes the case worse, and sometimes it doesn’t because we are able to convince the court that there is not an alcohol problem there, but for a particular situation combined with the use of alcohol, this never would occur.
Alcohol can make the situation worse if the person has a history of problems with alcohol and a history of criminal cases involving alcohol; those issues start to raise concerns in the court. It’s an issue that has to be dealt with but mostly alcohol is involved.
Could Police Officers Question My Child Without My Consent in a Domestic Violence Case?
If the child is a witness, the police will often interview the witness. Most of the time domestic violence involves both parents, so the child saw that the parent who is the victim is making the police report. The police will interview whatever witnesses are present. Usually when they are investigating a crime, they will interview the children.
Can Child Protective Services Be Involved?
Yes, quite often if domestic violence occurs while there are children present in the household or if the kids witness it or if the kids are the victim, then the protective services gets called by the police and that opens up a whole another situation for the client.
If Children Aren’t Present During a Conflict, Can my Parental Rights Still be in Jeopardy?
Not typically in the criminal case, but it can come into play because the court system in your domestic violence case will often enter what’s called a no-contact order. It will prohibit you from having any contact with the alleged victim of the crime, which often includes prohibiting you from going back to the marital home while the case is pending, so indirectly, you may be prevented from seeing your kids because of the fact that you have this no-contact order.
Another way it comes into play is that many times, we have had domestic violence cases that led to the filing of a complaint for divorce by one spouse against the other and then in that situation, the alleged victim will often use the allegation of domestic violence to try and gain an advantage in the custody situation. In a property settlement situation, even though it really shouldn’t have that much effect, it’s common for the alleged victim to try and use that to their advantage in a divorce case.
What Types of Protection Orders Pertain To A Domestic Violence Case?
Sometimes all of them do. Typically, in a domestic violence case, once you’re charged, the court at the time of arraignment will issue a no-contact order so that you cannot have any contact with the alleged victim of that domestic violence.
Oftentimes, that victim will go to the circuit court and petition for a personal protection order, which is known as a PPO in order to try and further prevent that person from having any contact with them. A PPO is a civil order that is entered by a family court judge in the county where you reside but it has the potential to put somebody in jail if they violate the PPO. Usually you’re dealing with no-contact orders or PPOs in domestic violence cases and sometimes both.
What If the Alleged Victim Tries to Contact the Accused in a Domestic Violence Case?
There is going to be a no-contact order in place and the court will tell you that no contact means no contact, direct or indirect, even through a third person. The no-contact order really only applies against the person who is accused of the domestic violence; it prevents them from having contact with the other party. The alleged victim doesn’t get in any trouble for having contact with the accused and the accused is the one who has all the risk and vulnerability there.
Typically, people think that if they are contacted by the victim, then it is okay to have that contact, but the truth is if you end up back in front of the judge, you’re the one that violated your bond condition and you’re the one who is at risk of being put into jail for violation of the bond condition. Therefore, if you’re going to be safe about your case, then you don’t want to respond to that contact no matter what. The person initiating the contact should go to the court and try to get the no-contact order lifted if they want to have contact.
For more information on Involvement of Drugs and Alcohol in a Domestic Violence Case, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (248) 451-2200 today.