Domestic Violence Charges: What Happens After an Arrest?

If you’ve been arrested for domestic violence, you may be overwhelmed and uncertain about what comes next. Domestic violence charges are taken very seriously by law enforcement and prosecutors, and even a first-time arrest can lead to life-altering consequences. I can be your criminal defense attorney near Bucks County and the nearby areas in Southeastern, PA.

This article walks you through what happens after an arrest, what defenses may apply, how protective orders work, and the programs available to help navigate the process. With over 30 years of experience defending clients charged with crimes throughout Pennsylvania, I’ve helped people navigate these charges and avoid harsh outcomes. Here’s how I approach Domestic Violence cases.

1. What Happens Right After a Domestic Violence Arrest?

In Pennsylvania, when police respond to a domestic violence call, they are often authorized to make an arrest without a warrant if there is probable cause to believe abuse occurred. This includes visible injuries or credible witness statements—even if the alleged victim does not want to press charges. After the arrest, the individual is taken into custody for booking. Soon after, they will appear before a judge for an arraignment. At this hearing, the formal charges are read, and bail is set. In domestic violence cases, bail decisions are heavily influenced by the need to protect the alleged victim. Reach out if you need an assault lawyer in Philadelphia.

2. The Role of No-Contact and Protection From Abuse Orders

After a domestic violence arrest, the judge will often issue a no-contact order or a Protection From Abuse (PFA) order.

These orders can:

• Prohibit the accused from contacting the alleged victim.

• Require the accused to vacate a shared residence.

• Restrict access to firearms.

• Set stay-away distances from the victim’s home or workplace.
  

Violating a PFA or no-contact order can result in additional criminal charges, including arrest and potential jail time.

3. The Court Process: Hearings and Prosecution

After arraignment, the next step is the preliminary hearing, where the Commonwealth must show enough evidence to proceed to trial. If the judge finds probable cause, the case is scheduled for trial in the Court of Common Pleas. Some areas designated domestic violence courtrooms staffed with specially trained judges and prosecutors. These courts aim to streamline cases and take into account the sensitive nature of domestic abuse allegations.

4. Common Defenses to Domestic Violence Charges

Being accused of domestic violence does not mean you are automatically guilty.

Some common defenses include:

• Self-defense: Arguing that you acted to protect yourself from harm.

• False accusations: Claims made out of anger, jealousy, or during contentious custody or divorce proceedings.

• Lack of intent: Proving the act was accidental and not done with criminal intent.

• Insufficient evidence: Challenging the credibility of witnesses or the lack of physical proof.
  

Each case is unique, and building a strong defense starts with an experienced criminal defense attorney who understands the nuances of Pennsylvania law.

5. Diversion and Alternative Programs

First-time, non-violent domestic violence offenders may be eligible for diversion programs. These programs focus on education and rehabilitation instead of punishment. The Domestic Violence Diversion Program is designed for eligible first-time offenders. Participants undergo counseling or anger management, and upon successful completion, the charges may be dismissed and expunged. These programs offer a second chance and are often a smart option for those who qualify.

6. Local Resources and Victim Advocacy

Several organizations in Philadelphia County support individuals involved in domestic violence cases:

• Women Against Abuse: Provides legal support and helps file PFA orders.

• Philadelphia Legal Assistance: Offers legal representation for low-income individuals.

• Domestic Violence Hotline: Operates 24/7 for crisis support.

• District Attorney’s Office Victim Services Unit: Assists victims throughout the court process.

• The Defender Association of Philadelphia: Offers court-appointed representation for eligible defendants.
  

While these services primarily support victims, they are integral to the overall court process and may affect how a case proceeds.

7. Long-Term Consequences of a Conviction

A domestic violence conviction in Pennsylvania can result in:

• Jail or prison time
  Probation or parole

• Mandatory anger management or counseling programs

• Loss of the right to own firearms

• Lasting criminal record

• Potential consequences for immigration status, employment, and child custody
  

However, with effective legal representation and the possibility of diversion programs, many individuals can avoid these harsh outcomes.

Work With a Defense Lawyer Who Knows the System

As a criminal defense attorney with over 30 years of experience representing clients in Pennsylvania, I understand how high the stakes are in domestic violence cases. Whether you’re fighting false allegations or looking for alternatives to jail, I can guide you through the legal system with a strategy tailored to your case.

If you or a loved one has been arrested for domestic violence, don’t wait. Contact my office today for a confidential consultation and let’s start protecting your future. Contact Mark D. Hauser, Attorney at Law today for a confidential case evaluation.