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!

Learn the Differences Between DLD Hearing and Criminal Court Hearing

Many people are confused regarding the process that follows being charged with a DUI. There are multiple steps that are required in order to navigate through a DUI case. Something that may confuse individuals is that the DLD hearing is separate from the criminal case. Many people assume that these are one in the same, but they are actually very different processes after receiving a DUI charge.

Understanding all aspects of a DUI charge can help you to navigate your case more successfully. 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 variables that can affect a DUI case, and 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, if there were any injuries sustained, or if there was a minor in the vehicle.

In addition, a DUI is handled differently depending on how high the blood-alcohol content (BAC) is or if the driver is under 21 years of age. However, the following things commonly occur after being charged with a DUI:

• The driver’s vehicle will likely be impounded if they are arrested.
• Driving privileges most likely will be suspended on the 45th day after the date of the initial arrest. However, the individual can request a DLD administrative hearing to defend against the suspension. This request must be submitted, in writing, to the DLD within 10 days of their arrest. 
• Depending on the outcome of the criminal case, an ignition interlock restriction may be put in place 18 months or longer, depending on the specific situation.

Automatic and Refusal Suspensions

When an individual fails to request the DLD hearing after being arrested for a DUI, the driver’s license will automatically be suspended. This is why it is important to request the hearing within 10 days of the arrest in order to schedule your DLD hearing. Suspension times will vary depending on the offender’s age and number of prior convictions.  

Another way driving privileges can be suspended is if an individual refused to take a chemical test. Every person who obtains a driver’s license consents to submit to a chemical test for the purpose of determining if they are driving while under the influence of drugs and/or alcohol. If a driver refuses to submit to a chemical test, the driving suspension period is extended.

The DLD Hearing is Different from a Criminal Court Hearing

The DLD hearing handles the administrative side of a DUI charge. This hearing revolves around the individual’s continued driving privileges and any actions that the DLD may take regarding the driver’s 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 guilty 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 informal. It only involves you, your attorney (if you hired one), the DLD hearing officer, and the law enforcement officer that handled the arrest.

Though you may qualify to have a public defender represent you for your criminal case, a public defender is not appointed for your DLD hearing since it is civil in nature. If you would like representation, you will need to hire a private attorney, which is recommended to 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, and then make a closing argument as to why your license shouldn’t be suspended.

The 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, approximately 7-10 days after the hearing through traditional mail.

Will the Outcome of the DLD Hearing Affect the Criminal Case?

Whether or not the DLD suspends your license, the criminal case is still handled separately. The DLD’s decision has no bearing on the criminal court proceedings. If you are found not guilty on the criminal case, but your license was suspended at the DLD hearing, it is likely that your license will be eligible for reinstatement. However, if the DLD took no action on your driving privileges, you can still be found guilty during your criminal court proceedings, which will then most likely result in your license being suspended.

Have You Received a DUI?

It is vital to understand the differences between DLD hearing and criminal court hearing. By requesting a DLD hearing within the required 10 days, you are ensuring you are doing your part to prevent the automatic suspension of your driver’s license.

I, Zachary C. Holbrook, am experienced with the DLD administrative hearing process. Obtaining my services as a knowledgeable DUI lawyer will go a long way toward ensuring the best possible outcome for your case. Contact me today for more information on DLD hearings or for a consultation.