Civil and Criminal Actions in Wilton Domestic Violence Cases
When being faced with civil and criminal actions in Wilton domestic violence cases, it could be critical to get the legal advice of a trusted attorney. An experienced domestic violence lawyer could help you navigate both processes and how to prepare before trial.
Difference Between Criminal and Civil Family Violence Actions
Before one can consider possible defenses for civil and criminal actions in Wilton domestic violence cases, it could be critical for them to understand the difference between the case processes. A civil domestic violence action is one that the other person would bring themselves, and a criminal domestic violence action is when the person was actually arrested by the police for committing an act of domestic violence.
The accused could be asking for money or, in some cases, a Civil Restraining Order, which is essentially the same thing as a Criminal Protective Order. However, the criminal protective order process requires that the case go through the Civil Court or the Family Court, and is issued civilly as opposed to criminally.
If they decide to, they could withdraw the Civil Protective Order or the Motion that they made to have one issued. However, after the Civil Protective Order is issued, nothing can be done to change it without the Judge’s permission.
What is an Accuser Asking for in a Criminal Domestic Violence Action?
What the accuser wants could possibly differ from what it is they are asking for in their civil and criminal actions in Wilton domestic violence cases. Sometimes people want someone to be arrested; sometimes they want them to learn a lesson. It all depends on what the accuser wants to see happen.
They can never drop the charges in a criminal domestic violence action. Only a prosecutor can drop the charges, or the judge can dismiss the charges, but an accuser can never drop the charges themselves. What they can do is call the Prosecutor saying they do not want to go forward on the charges. Or they can speak with the Family Relations Officer and express their desires.
Can the Prosecutor Require the Accuser to Participate?
The prosecution in civil and criminal actions in Wilton domestic violence cases cannot require the accuser to actually participate in the case if they do not want to. If it goes to trial and they do not want to testify, they do not have to. They Prosecutor has no requirement to drop the charges even if the accuser is asking them to.
Importance of Limiting Contact
Contact between the accused and the accuser could be used against them in court. Someone could change their mind later and anything that the person could say to them would be used against them. If the person is proactive with their case and immediately decides to engage in some type of family counseling or anger management counseling, substance abuse counseling, they may increase the likelihood of community service as a penalty. Contact an attorney to begin brainstorming potential defense tactics for civil and criminal actions in Wilton domestic violence cases.