You can access list of conflict attorney here: Conflict Attorney List
and list of treatment agencies approved for DV Court: Treatment Agencies approved for DV Court
If you have been listed as a defendant in a domestic violence case, these are some things to know:
The “domestic violence” part of the criminal charges is there because of the relationship between you and the victim. It is domestic violence if the victim and you:
1. Are family members- like mother and son or brother and sister
2. Live or have lived together
3. Have any kind of intimate partner relationship:
a. Child in common
b. Married or used to be married
c. Have or had a sexual or romantic relationship.
The victim in a domestic violence case cannot dismiss the charges. The City Prosecutor’s office is prosecuting the case. The victim in the case also has constitutional rights, has a right to be heard in court and should come to court if they are interested in the outcome or process.
If the case stays in Domestic Violence Court, you will have a right to apply for a Public Defender to represent you, or you can hire an attorney. You will be provided the paperwork to apply for a Public Defender when you come to your arraignment date.
You have a right to a trial in your case. If you set your case for trial, the State has the burden to prove you guilty beyond a reasonable doubt, with their evidence. You have no burden to present any proofs, evidence or testimony, although you can do that. You are presumed innocent, and the State carries all the burden of trying to prove you guilty at a trial. You should consult with your attorney about these choices.
The Court can impose conditions of release while the case is pending. Common conditions of release include:
- No acts of domestic violence
- No contact with the victim
- No return to the victim’s residence
- No alcohol or illegal drugs
- Possess no firearms
These conditions of release may remain in place while the case is pending, or can be modified and changed during the course of the case. If you violate these conditions, you can be arrested. You should consult with your attorney about these conditions.
Do not talk to anyone but your attorney about the facts of your case, including the victim.