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DOMESTIC VIOLENCE FAQ'S
Q. I am a victim of domestic violence and I do not want to press charges, can I have the charges dropped?
A. You can request that the charges be dropped. However, in reality, the prosecution will not drop the charges. Most likely, a victim already gave a statement to the police that caused their spouse to be arrested. If you go back and say the crime never happened, then you could be in trouble for giving a false police report. A prosecutor can force you to testify.
Q. I want my spouse to come back home, is it possible to tell the judge to lift the No Contact Order?
A. Judges are very reluctant to lift a No Contact Order. The reason is because they do no want to be on the news if something bad happens when the Defendant goes back home. A judge is more likely to lift the No Contact Order once a defendant completes at least one-half of the 26 week anger management course.
Q. Can I avoid going through the anger management program if I was charged with domestic violence?
A. Yes. However, the only way to avoid this is by having your case dismissed or winning your case at trial. Otherwise, you will have to complete the anger management course.
Q. Am I required to call the State Attorney’s Office if they send me letters or leave messages on my voice mail?
A. The only legal requirement that you have to comply with is a subpoena. The letters received from the State Attorney’s Office are just an informal way to keep you advised. The same with telephone calls. You can ignore both. However, you should never ignore a subpoena. If you do, you could be put in jail.
Q. if I am the victim in a domestic violence case, can I hire an attorney for my spouse who is the defendant?
A. Yes. Typically, the spouse of the defendant contacts our office to hire us. Obviously, we cannot give the victim legal advice or tell them to drop the case. However, we can assist the victim who hires us in contacting the State Attorney’s Office.
Q. How much does your office charge for domestic violence representation?
A. Our fees start at $750.00 and go up to $3,500.00 depending upon the work involved. We usually charge a flat fee. Most cases can be resolved for $1,500.00. We allow a small payment plan if you can make a down payment.
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