If your spouse is abusing you, you're not alone. Spousal abuse is a serious problem that affects many people around the world. It can involve stalking and other forms of harassment, such as physical attacks, sexual assault, emotional abuse, and threats to your safety. It's advisable to contact an attorney if you're in such a relationship. Read on to know what happens in spousal abuse cases.
1. No Bond is Granted Before the First Hearing
Because spousal violence charges are serious, a judge may not grant the defendant a bond before the first hearing. The reasoning behind this is that if a defendant is allowed to go free on bail, they may be tempted to harm their spouse again before the case goes to trial.
You are entitled to an emergency restraining order at the first hearing if you're the victim. Your attorney can help you make this request, though you can also do it on your own. If granted, the court will issue a temporary restraining order to keep your spouse away. A lawyer will help you decide how to serve the order on your spouse, whether that's in person or by mail.
2. Before An Abusing Spouse is Arrested, Law Enforcement Officers Take a Report
When officers arrive at your place of residence, they will speak with both of you to try to understand what happened. Whether you press charges or file a report, the officers will interview you and your spouse to find out what occurred.
The report taken can be used against your spouse when you press charges. It will also determine whether your spouse is arrested and charged with a crime. If you suffered minor injuries, such as scratches or bruises, your spouse might be given a minor punishment. However, if your injuries are serious, the judge may not allow your spouse to post bail, and they may keep them in jail until the trial. If you hire an experienced attorney to represent you, they'll ensure your abusing spouse is kept behind bars.
3. A Judge May Issue a No-Contact Order In Your Case
A judge may issue a no-contact order prohibiting your abuser from contacting you, either in person or by phone. A judge also may order your abuser to stay away from your home and place of employment during the entire pendency of your case. This means that you and your spouse will no longer be allowed to be in each other's presence until further notice by the court. This is because it may help prevent more abuse incidents from happening while the case is going on.
Spousal abuse cases can cause you a lot of stress and require a lot of time and energy to solve. Working with an attorney can help you better understand what happens in these cases and how to move forward. Contact a local law firm, such as Bail Busters, to learn more.