Arraignment is when you appear in court to hear the formal charges against you and enter a plea of not guilty. Arraignment is often a quick proceeding, and you will have to appear in person.
The court tends to act as a mediator while the case is ongoing. After the court has set the bond amount and you plead not guilty to the charges, the judge will give you and your attorney an opportunity to argue for a no-negative contact order or a full protective order.
Protective orders are often issued at the time of arraignment. That’s an order issued by the court preventing you from having any contact with the victim. This will usually cover the timeframe while the case is pending, but it can be amended depending on the circumstances. To me, this is an important part of the arraignment for most people. You want to make sure there is no order kicking you out of the home or restraining you from your significant other (who may want you home). When you have been arrested for Domestic Violence, you want to work on getting the best possible outcome. Get an award-winning former domestic violence prosecutor on your side. Other defense attorneys get trained on DV defense by our firm. We have proven results forged by experience. We have written a published book on Domestic Violence defense. If you want the best possible outcome, contact (858) 751-4384 to get the ball rolling.
No Negative Contact Order vs. Criminal Protective Order
The main difference between a no negative contact order and a full criminal protective order is that the former allows you to still be around your spouse during the duration of the case. A full protective order prevents you from coming into contact with your spouse within a certain amount of feet or else you are looking at additional charges for violating this order. Also, full protective orders and no negative contact orders can be modified at any time.
Usually, if the evidence is strong against you it is in your best interest to start doing anger management classes or parenting classes to get the court to minimize the restrictions. Also, a mitigation packet including all the things that show you are a productive member of society helps in arguing for a no negative contact order as well. A full criminal protective order is a way to separate families for long periods of time. They are similar to Temporary Restraining Orders in the civil courts.
There is virtually no discussion about resolving the matter at arraignment. After arraignment, there will be a pretrial date set. A pretrial conference is when the defense attorney is conferring with the judge and prosecutor. This is usually done in court in the judge’s chambers (in the back area of the courtrooms). This is a meeting with the lawyers and judges only. There can be one pretrial conference, while in other matters there may be more. There are usually more hearings to examine the evidence, confer with the prosecution, and talk resolution of the matter. Generally, there is an effort during the pretrial stage to settle the case without going to trial.
In addition to this, there should be a consistent back-and-forth of communication from the prosecution and defense. It may be emails, phone calls, office visits, etc. The goal is to work to resolve the matter. When you have been arrested for Domestic Violence, you want to work on getting the best possible outcome. Get an award-winning former domestic violence prosecutor on your side. Other defense attorneys get trained on DV defense by our firm. We have proven results forged by experience. We have written a published book on Domestic Violence defense. If you want the best possible outcome, contact (858) 751-4384 to get the ball rolling.