This article will cover:
- Definition of domestic violence in Alabama and criteria for the related charge.
- Consequences of being charged with domestic violence, including bond conditions and potential restraining orders.
- Police response and prosecution of domestic violence cases, including the prosecutor’s discretion in pursuing charges despite changes in the victim’s story.
How Does Alabama Define Domestic Violence? What Is The Criteria For Related Charges?
- Domestic violence in Alabama is defined as an assault or endangering a person.
- The victim must be a current or former spouse, parent, step-parent, child, stepchild, any person with whom you have a child in common, a present household member, or a person with whom you have a dating relationship.
- Any kind of assault or stalking, even if there is no intent to harm anyone, may also be considered domestic violence.
- The presence of a special relationship is not the only factor that constitutes domestic violence.
If I Was Arrested In Alabama On Domestic Violence Related Charges, What Exactly Is The Charge?
The charge is that you committed some type of assault or threat against a person with whom you have a special relationship. If the special relationship is not present, then it could still be considered a criminal act and fall under the category of general assault, stalking, or criminal trespass.
Is An Order Of Protection Or A Restraining Order Automatically Put In Place When Someone Is Charged With A Domestic Violence Related Offense In Alabama?
An Order of Protection or a Restraining Order is not automatically put in place when someone is charged with a domestic violence-related offense. However, if you bond out of jail, the terms and conditions of your bond will include no contact with the alleged victim.
This means that you cannot contact the victim in any way, including through a third party, and if you violate this condition, your bond may be revoked, and you could be placed back in jail.
When Police Are Called To The Scene Of An Alleged Domestic Violence Incident In Alabama, Is An Arrest Generally Made?
Most of the time, arrests are made when police are called to the scene of an alleged domestic violence incident.
If An Alleged Victim Changes His Or Her Story After Domestic Violence, Will The Charges Be Dropped?
The prosecutor has complete discretion over whether to continue to prosecute a domestic violence case, even if the victim changes his or her story or is uncooperative. If the police officer observed any injuries on the victim at the scene, such as scratches or bleeding, the prosecutor may still decide to pursue the case, regardless of any changes in the victim’s story.
For more information on Domestic Violence Charges In Alabama State, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (205) 662-2061 today.