Coronavirus has brought around a completely unprecedented time. It is difficult for me, or anyone else, to predict the other consequences that will occur due to the arrival of this virus. One thing I do know, however, is that coronavirus has come with a substantial spike in domestic violence cases across the country. It is important to understand why this is happening, as well as the consequences that you may experience as a result of being charged with domestic violence.

Coronavirus Restrictions

The pandemic has resulted in a wide array of coronavirus restrictions that have disrupted all of our regular lives. One of the major impacts of these restrictions is that they cause cohabiting individuals to be in constant close contact with each other. They all prevent any escape or distance during arguments, conflicts, or other incidents within a household. This can cause tempers to rise exponentially, to a degree that they are unlikely to have ever experienced before. This is just one of the reasons behind the increase in domestic violence cases due to coronavirus.

Risks of Getting Help

While there is an increase in domestic violence charges, there are also issues associated with people attempting to seek help during these situations. Many people that are stuck in a domestic violence situation are fearful to reach out to others for help because of the pandemic. Any time outside of the home leads to an increased risk of exposure to the virus. Due to the fear that surrounds the virus, many people avoid seeking help, such as medical treatment, due to the idea that this treatment will increase their risk of being exposed to the virus. This can compound problems that come along with domestic violence cases.

Fewer Options

Individuals that are stuck in domestic violence situations now have fewer options for refuge because of the virus. For one thing, women’s shelters may increase the risk of exposure, if there are even any beds available at the shelter. Individuals will also feel unable to reach out to parents, friends, or other loved ones out of fear of bringing the virus into their home. These people are also likely under restriction, which provides an even greater reduction in their chances of seeking refuge.

Domestic Violence Charges

Domestic violence charges will fluctuate depending on the specific situation and the state in which the charge occurred. These charges can be considered either a misdemeanor or a felony, depending on the particular situation. For example, if the charge included assault with a weapon or even the threat of using a weapon, it is far more likely that the charge will become a felony charge. It also depends on the laws in the specific state. I practice law in the state of Utah, which has specific laws that may not apply to individuals in other states. For example, when a domestic violence incident occurs in front of a child, it is likely that the charge of domestic violence in the presence of a child will be added to the charges for each child present, due to the laws in the state.

Protective Orders

Protective orders are extremely common during a domestic violence case. These can range depending on the situation. It may include a restraining order, no-contact order, or order of protection. Having these orders granted will often require both parties in the charge to be present in court. These protective orders can cause disruption to the charged individual’s daily life because they may be unable to return to their home and will be forced to find other arrangements.

Court-Ordered Classes

The court may order the charged individual to attend classes after receiving a domestic violence charge. This will depend on the individual state and aspects of the situation. I can help to provide you with more insight regarding this aspect when we discuss your case.

Work

A person that has been charged with domestic violence may have difficulty finding work. This is especially true in particular fields, such as social work. In fact, an individual may be fired from their job if they work in a sensitive field like social work and are charged with domestic violence. These cases are also likely to impact custody considerations during a divorce. It will be incredibly difficult for the parent to obtain custody if they have previously been charged with domestic violence.

Living Situation

A domestic violence charge can cause substantial disruption to an individual’s life. Not only will they likely have to vacate their home, but they may have difficulty finding a place to rent. Landlords are often reluctant to rent to individuals with domestic violence charges, due to fear that the incident will be a repeat occurrence. This can make it incredibly difficult for those charged with domestic violence to find a new place to live.

Probation

Probation is extremely common as a result of domestic violence situations. The extent and restrictions surrounding the probation will fluctuate depending on the specific situation and the laws in the state. It is important to remember the impact that probation can have on your life. If you have been charged with domestic violence, you will need to seek legal representation, like the services that I offer.

Loss of Gun Privileges

It is incredibly common for a court to prohibit the charged individual to have a weapon, even if the individual currently holds a concealed carry permit. This is usually the case, even if the original charge did not involve a weapon of any kind. It is important to remember that this is highly likely to be a consequence of a domestic violence charge. This prohibition often even includes hunting and other recreational activities that involve the use of a gun.

Domestic violence cases have undoubtedly increased in response to the pandemic. This is a fearful, emotional time for everyone. I understand the ins and outs of domestic violence charges. It is incredibly important to work with an attorney when you are charged with domestic violence due to the many consequences that come along with a domestic violence charge. If you have been charged with domestic violence and require legal representation, contact me, Zachary C. Holbrook, today!

Many people are confused regarding the process that follows being charged with a DUI. There are multiple processes that are required in order to navigate through a DUI case. One of the main processes that can confuse individuals is the difference between the DLD hearing and criminal court hearing. Many people assume that these are one in the same, but they are actually very different processes in the DUI process. Understanding these differences can help you to more successfully navigate your DUI case. I, Zachary C. Holbrook, am experienced in the entire DUI process and can help to ensure the best possible outcome for your DUI case.

What Happens After A DUI

There are many variations that will happen between each different DUI case. The outcome of each case will differ depending on the specific facts. For example, the consequences of a DUI will likely be more severe if there are prior convictions on the person’s record. It also fluctuates depending on the age of the individual. However, the following things commonly occur after being charged with a DUI: 

• The driver’s license of the individual will generally be confiscated by the arresting officer. This license will be replaced with a citation that serves as a temporary license, but expires 30 days after the initial arrest. 
• The driver’s vehicle will likely be impounded if they are arrested.
• The offender must request a DLD hearing, in writing, within 10 days of their arrest. Otherwise, license privileges will generally be suspended due to the DUI. 
• Driving privileges may be withdrawn on the 45th day after the day of the initial arrest. 
• An ignition interlock restriction may be put in place for any period between 18 months and 3 years, depending on the specific situation. 

Automatic Suspension

When you fail to request the necessary DLD hearing after being arrested for a DUI, the driver’s license will automatically be suspended when certain stipulations are met. This is generally after the individual has been either arrested for a DUI or the individual has declined to take a chemical test. The latter is commonly referred to as a “refusal” suspension. The only possible method for fighting this automatic suspension is through requesting a DLD hearing. It is important to request the hearing inside the time frame of 10 days of the arrest in order to schedule your DLD hearing during the allotted period. Overall suspension times will vary depending on the offender’s age and number of prior convictions.  

Differences Between a DLD Hearing and Criminal Court Hearing

There are many differences between a DLD hearing and a criminal court hearing. Ultimately, the DLD hearing handles the administrative side of the case. This hearing revolves around the individual’s continued driving privileges and any actions that the DLD may take regarding the drivers license. The court hearing, on the other hand, is based on the criminal aspect of the situation. The criminal court hearing essentially will determine whether you are guilty or not of the DUI itself. This hearing will be held in the court located in the county/city of the arrest.  It will be during this hearing that they will decide the punishment you will receive if you are convicted. 

Who is Present at a DLD Hearing?

Understanding who is present at a DLD hearing will help you to grasp the overall process. Ultimately, these hearings tend to be rather small. It only involves you, your attorney, the Driver’s License Hearing Officer, and the law enforcement officer that handled the arrest. Keep in mind that if you haven’t hired an attorney, it will only be you, the law enforcement officer, and the Driver’s License Hearing Officer. Though you will likely be assigned a public defender during the court side of the process, if you haven’t hired an attorney, this doesn’t apply to your DLD hearing. Only a private attorney will be able to help you obtain the best possible outcome at your DLD hearing.  

The Process at a DLD Hearing

Ultimately, the process at a DLD hearing revolves around your driving privileges and the status of your driver’s license. At the beginning of the DLD hearing, the arresting officer will testify regarding why you were arrested and how any applicable tests were given. At this time, your attorney will have the opportunity to cross examine the officer, as well as attempt to convince the hearing officer that your license shouldn’t be suspended. The Driver’s License Hearing Officer will determine whether your license is suspended or not following the arguments given at the DLD hearing. The Hearing officer will then notify you, or your private attorney 5-10 days after the hearing through traditional mail. 

Hiring an Attorney

Hiring an attorney can be particularly beneficial during the DUI process. When you don’t retain an attorney for your case, you may be assigned a public defender in your criminal court hearing. However, a DLD hearing is geared toward the administrative side of the situation and is not a situation where a public defender will be assigned. When you hire a private attorney experienced in DUI law, like me, Zachary C. Holbrook, you will have guidance throughout the complete process. 

Each Case is a Separate Process

Each case is ultimately a separate process that won’t necessarily impact the alternative process. For example, just because the DLD has not suspended your license doesn’t mean that the court won’t find you guilty during your criminal court proceedings. One outcome will not guarantee another outcome. However, if you are found innocent at the criminal court hearing, but your license was suspended at the DLD hearing, it is likely that your license will be reinstated. That being said, if you are found guilty in your criminal court hearing, the DLD later may suspend your license.  Even if the DLD did not initially take action.

DUI cases can result in substantial disruption to your life. It is important to understand the various processes that happen in a DUI case to minimize the possibility of issues throughout the case. I, Zachary C. Holbrook, am experienced in each aspect of a DUI case, whether you are experiencing a 1st offense or have had several prior convictions. Obtaining my services of an experienced DUI lawyer will go a long way toward ensuring the best possible outcome for your DUI case. To learn more about the differences between a DLD hearing and a criminal court hearing, or to obtain my expert services for your DUI case, call 801-624-6204.