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I have an arraignment for a DV case in January, I was not arrested nor charged during the time of the complaint.

Seattle, WA |
Filed under: Domestic violence

Will I be arrested at the hearing if I plead Not Guilty. She is regreting even filing the case now that this going on. Pushing was the claim. Will I be arrested at the hearing if I wasnt arrested before and no charges were placed against me? I am away in China on business, and I need to go back for this, will they make me stay in the state and not return to my work pending trial? I have no previous convictions nor problems, and she will be a witness during whatever it takes to prove I am not a harmful human being.

Attorney Answers 5

  1. The Judge has the authority to take you into custody at your arraignment. He can set conditions of release including a bail that must be posted before you can be released from custody. A push can be serious if the resulting injury is serious or could have been serious. I read one "push" case where the suspect pushed a pregnant woman over a fence so... The other most important factor in what the Judge is likely to do is your own criminal history. You mention another factor which is delay in filing. The longer you've been having contact with her without a problem since the incident the more difficult it is for the prosecutor to argue, and the Judge to believe, that you are a grave danger to her.
    As to your work, it is difficult to say. Some jurisdictions, like Pierce Superior Court, impose a travel restriction in nearly every circumstance. You haven't said what your charge is and in what jurisdiction. I will assuming an assault 4 (dv) in Seattle Municipal Court with no injury and no previous criminal history in front of commisioner Eisenberg. If those are your circumstances you'll likely be free to leave the courtroom and to travel to work but will have a no contact order imposed with the alleged victim.
    As you've said, you are a businessman. So, you really should just hire an attorney to assist you. In the regard of you should plead not guilty you are absolutely correct. Absolutely plead not guilty. Feel free to contact me directly for more information.
    At your service,

  2. So long as you show up for the arraignment you won't be arrested. If you don't show up a bench warrant will likely issue. Strongly recommend that you not have contact with her right now, as there is probably a no contact order in place and any contact can result in additional charges.

    You need to discuss your situation with a local attorney who defends DV charges. Jennifer Apitz has an outstanding track record of getting DV charges to go away. Anthony Zorich in Tacoma is also very good. There are others, of course.

    The reason you are being arraigned is because charges have been placed against you. At your arraignment, you will plead guilty or not guilty and another hearing date will be set. That is it. If the court thinks you will not show up for the trial they can and will impose bail to ensure that you show up. If you don't want that to happen, be there.

    DV charges can havea devastating impact on your life. They are nearly impossible to vacate afterwards, remain on your record for the rest of your life, and you will never, ever have legal access to firearms again. I don't know if that matters to you, but sometimes it does.

    I realize that you believe this is a simple misunderstanding but it is way out of your control at this point. Please go hire the best qualified attorney you can find and follow their instructions. I promise you they are going to tell you to not contact your girlfriend. I hope you get a good lawyer asap, and I hope this helps. Elizabeth Powell

    Using Avvo does not form an attorney client relationship.

  3. Whether you will be arrested will depend on a lot of factors. You should absolutely contact an attorney as soon as possible to prepare your case so that your attorney can argue that bail should not be set in your case. If you are going in and out of the state, you should have your attorney address the court on this issue as well.

  4. If you are not a US citizen, a guilty plea to or conviction of a crime involving domestic violence against certain household members is a basis for deportation from or inadmissibility into the US.

    Even if you are a US citizen, a conviction of a crime involving domestic violence has severe consequences.

    It is not at all uncommon for alleged victims of DV to start "regreting even filing the case". Most judges and prosecutors do not give the victims' change of heart much consideration.

    You likely should start looking for an attorney.

  5. The judge could take you into custody, but it is more likely that the judge will release you on your own recongizance and set conditions of release. The judge could also set some bail amount that you would need to post to remain out of custody. One condition of release that will almost certainly be imposed is that you have no contact with the alleged victim. You must abide by this no contact order until the no contact order is lifted by the court. The case could become much more serious if you are in contact with the alleged victim while the case is pending. If the Court restricts your travel, your attorney should address the court to allow you to travel back to China for work. If the Court does not restrict your travel, then you should be able to travel as long as you are in town to appear for your court dates. If you are not a U.S. citizen there are immigration consequences to a conviction that must be considered in deciding how to resolve this case. Make sure you retain a lawyer with experience handling domestic violence cases with possible immigration issues. She may need a lawyer to help her convince the prosecutor that you should not be prosecuted and to protect her from being bullied by the prosecutor into helping them prove their case.

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