Shepherdsville Domestic Violence Defense Attorney
Are you searching for a domestic violence lawyer in Bullitt County or the greater Louisville area? A recent study by the Kentucky Criminal Justice Statistical Analysis Center found that more than 45% of women and 35% of men in Jefferson, Bullitt, Hardin, Spencer, Shelby, and Oldham counties have been through a violent altercation with an intimate partner or stalking. Louisville Police handle more than 8,000 domestic violence runs each recent year. That is more than an average of six runs per hour in Louisville alone.
In the majority of most episodes involving potential domestic violence, law enforcement officers’ first interest is the safety of the parties, as well as others in the house or immediate vicinity. Often, the parties are separated to allow the situation to cool down while allowing the police to investigate what has happened, the facts behind the cause of the incident, and any resulting injuries.
Predominantly, the man is perceived to be the greater threat, and (right or wrong) this presumption leads to more than a few erroneous arrests. In most arguments between spouses and people who live together, the cause isn’t one party or another; it’s 50% / 50% (or really 60% / 60%)!
What Happens Next if You Are Arrested and Detained for Domestic Violence or Assault?
If the police at the scene have “probable cause” to believe a person has caused a physical injury to another partner, child, or household member, that individual can be retained without a warrant and will usually be detained for several hours or more.
A Judge may issue no-contact or restraining orders to protect any person from any form of further abuse or assault. This may include restrictions on where the alleged defendant can go, possession of weapons or firearms, and even orders regarding excessive use of alcohol, drugs, or other controlled substances.
If you have been arrested or face criminal charges for domestic violence, you must take steps to protect your freedom and your rights. My name is John Schmidt, and after more than 25 years of service to our County and the surrounding communities, I firmly believe that everyone should be treated as any other innocent person until proven facts say otherwise. If you have been taken into custody or face criminal charges for domestic violence or assault, you need an experienced, effective domestic violence lawyer in Bullitt County.
It may surprise you to learn that physical violence isn’t a necessary ingredient for a domestic violence case. An arrest and charges can be based upon the threat of violence alone.
Here in Kentucky, domestic violence can apply to anyone in a “qualifying relationship,” such as spouses or former spouses, unmarried persons who live together or have in the past, parents and their children or step-children, those who share a child (even if they don’t live together), and even issues between grandparents and their grandchild(ren).
Our domestic violence laws are intended to protect our citizens from violence and sexual abuse or sexual assault, as well as stalking or the threat of physical harm. When law enforcement perceives there is a risk of domestic violence or assault, an Emergency Protective Order (EPO) can be issued by the Court. Once an EPO has been issued, a Judge will hear the matter to determine if a more permanent Domestic Violence Order (DVO) should be issued. These are serious matters, and a DVO can extend for up to three years.
A person who is under a DVO cannot purchase or possess firearms here in Kentucky or across the United States. The violation of a Domestic Violence Order can result in criminal charges, jail time, and heavy fines. In addition, the presence of a DVO on a background check can affect everything from the ability to get a job to your ability to get a professional license or security clearance. A DVO can result in a change of residence, loss or substantial change to child custody and visitation orders, and even restriction on one’s ability to travel.
The earlier I can be involved in your case, the more influence and effect I can have on the outcome of that case. The first step is to work on the facts of the case and reduce the impact of the charges you face at arraignment or delay the actual arraignment itself.
The more time that passes between the arrest and the arraignment, the more opportunity I have as your criminal defense attorney to gather evidence to assist in your defense, to have conversations with law enforcement, and to work to minimize the impact of the consequences you will face.
As your attorney, I can have conversations with the prosecution so that we know ahead of time what is happening. If they decide to charge you later, I can almost always negotiate when you submit (surrender) and arrange bail ahead of time. This makes your life much more manageable and substantially reduces the pain and embarrassment associated with these situations or an unexpected and untimely arrest (such as at work).
I obviously do not condone any form of domestic violence or assault, and those who are at risk must be protected. That is my responsibility as a person of faith, a citizen and as an officer of the Court.
I can also tell you from more than two decades of experience in these matters, the unfortunate reality is domestic violence charges often happen to good people who had a bad night.
In many cases, those facing DV charges have no prior criminal record or DV arrests, and things just got out of hand. It is important to protect your rights, your employment, your freedom, and your future options immediately. Unfortunately, even if your spouse admits to some fault or begs them not to proceed with charges against you, it is often too late. The DA will make their own decision based mostly on the reports of law enforcement and the information I can submit as your attorney to balance the reality of what actually happened (and the likelihood that it will ever happen again).
If you are facing domestic violence or related assault charges, something bad has happened, and you need an experienced domestic violence lawyer. The most important thing is to immediately call the Law Offices of John Schmidt & Associates, PLLC.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the advice and aggressive criminal defense you need and deserve. At the Law Offices of John Schmidt & Associates we bring more than 25 years of experience to your side of the equation, manage the situation you face and the allegations against you, and work hard to achieve a much better outcome in your case than you can or will accomplish on your own.
