The moment your abuser is arrested can feel like a tidal wave of emotion. Relief, fear, confusion, even guilt—these reactions are all normal. For many survivors, this is the first time the system steps in on their behalf. And while it can feel empowering to finally have protection, it can also be overwhelming to figure out what happens next.
The legal process after a domestic violence charge isn’t simple. It involves multiple steps, unfamiliar terminology, and decisions that can affect your safety and future. Understanding the process can help you feel more grounded and in control as the case moves forward.
Let’s walk through what happens after the arrest, how your rights are protected, what the court will look like, and how to get support along the way.
What Happens Right After the Arrest?
When the police arrest someone for domestic violence, it’s not just about removing them from the immediate situation—it also sets off a formal legal process. Here’s what typically happens in those crucial first moments and days:
- The abuser is taken into custody. This can happen right after a 911 call, during a police investigation, or after a warrant is issued. In most domestic violence cases, arrest is mandatory if the police believe abuse has occurred.
- They’re booked and held. Once in custody, the accused may be held until a judge sets conditions for their release or denies release altogether.
- You may be contacted by law enforcement or a prosecutor. This isn’t always immediate, but you might be asked to give a statement or provide evidence. It’s okay to feel nervous. You don’t have to go through this alone—support advocates or attorneys can help guide you through how to respond.
- A no-contact order is often put in place automatically. This temporary protective measure restricts the accused from contacting or coming near you, often until a court hearing can determine a longer-term plan.
These early steps are designed to create a pause—a moment where you can catch your breath and think about your safety, your home, and what kind of support you need moving forward.
Understanding Protective Orders and Your Rights
One of the most important tools the legal system offers you during this time is a protective order. You don’t have to wait for the criminal trial to be over to ask the court for protection. In fact, the sooner you do it, the better.
There are several types of protective orders, depending on where you live:
- No Contact Order. These are usually issued by the judge at the first court date after the arrest. They will generally last until the criminal case is resolved.
- Temporary Restraining Orders (TRO). You may request one of these through family or civil court. They typically last until a hearing can be held, usually within a couple of weeks. At that time the Court will then decide whether to issue a permanent injunction.
- Permanent Injunction. If a judge finds there’s enough evidence of abuse, they can issue a longer-term order that lasts months or even years.
What a protective order can do for you:
- Prohibit the abuser from contacting you directly or indirectly
- Order them to move out of your shared home
- Prevent them from going near your workplace, school, or family
- Include temporary custody or visitation arrangements for children
You have the right to safety. You also have the right to know what’s happening in the case, to be notified of court dates, and to share your perspective during hearings. A domestic violence advocate or attorney can help you navigate the paperwork, represent you in hearings, and explain your legal options clearly.
Protective orders aren’t perfect shields, but they are enforceable. If the abuser violates the terms, you can call the police and they can be arrested again. These orders send a clear legal message: the abuse is not tolerated, and the law is now involved.
How the Criminal Court Process Works
Once your abuser has been arrested and charged, the criminal justice system begins to build its case. Understanding the steps can help you prepare for what’s ahead and know that you don’t have to carry the case on your shoulders.
Here’s a breakdown of what you can expect:
- Arraignment. This is the first court appearance, where the charges are formally read to the defendant. They’ll plead guilty or not guilty. Bail may be discussed here.
- Pre-trial hearings. These may involve evidence sharing (called discovery), arguments over what evidence can be used, or attempts to resolve the case before trial. You may not need to be present for every hearing, but you can attend if you choose.
- Plea negotiations. The prosecutor may offer a plea deal to avoid going to trial. If accepted, the abuser might plead guilty in exchange for reduced charges or sentencing. This is a common outcome in many domestic violence cases.
- Victim impact statements. If the abuser pleads guilty or is found guilty, you’ll have the option to share how the abuse affected you. This can influence the judge’s sentence. You can write this yourself or have someone help you present it.
Throughout this process, it’s important to remember:
- You are not the one on trial.
- You are not responsible for proving anything alone.
- The prosecutor represents the state, not just you, and makes decisions based on the evidence.
Still, your voice matters. You have the right to be kept informed, to express your safety concerns, and to be treated with respect throughout the process.
What to Expect if the Case Goes to Trial
Not all cases go to trial. Many are resolved through plea deals. But if yours does move forward to trial, here’s what you should know to help ease the unknowns.
The process will include:
- Jury selection. If the case involves a jury, both sides will have input on who sits in the courtroom to decide the verdict.
- Opening statements and testimony. The prosecutor will lay out their case first. Witnesses may be called—including you, if the prosecution asks. Defense attorneys may also present their own witnesses and arguments.
- Cross-examination. If you testify, the defense will have a chance to ask questions. This part can feel intimidating, but you can prepare with the help of the prosecution team or your attorney.
- Closing arguments and verdict. Both sides summarize their positions, and then the jury—or the judge, in a bench trial—decides guilt or innocence.
It’s Okay to Have Mixed Emotions About the Trial
You may want accountability but dread the thought of testifying. You may worry about being retraumatized or not believed. These are real and valid concerns. The court system can feel clinical or impersonal at times, but your experience, your story, is real and powerful.
You can ask for accommodations. You can have support people with you. You can take breaks if needed. You’re allowed to ask for help. This is not a test of your strength—it’s a legal proceeding where you deserve dignity and care.
How a Domestic Violence Attorney Can Support You
By now, you might be realizing just how complex the legal system can be. Between criminal charges, protective orders, court hearings, and personal safety planning, it’s a lot to carry. You don’t have to navigate this alone.
A domestic violence attorney from Hubbs Law, P.A. can be your advocate at every stage.
Here’s how we help:
- Explain the legal process in clear language. Legal jargon can be confusing. We translate the process so you understand your rights and options.
- Help you obtain and enforce protective orders. Whether you're filing for the first time or updating an order, we guide you through it and stand beside you in court.
- Work with the criminal prosecution team. While prosecutors handle the criminal case, we can help you communicate with them and advocate for outcomes that prioritize your safety.
- Prepare you for testimony. If you’re asked to speak in court, we will help you feel confident and ready, addressing any concerns or questions you have.
- Create a long-term safety plan. Legal protection is just one piece of the puzzle. We work with advocates and community resources to help you rebuild safely and with support.
Working with someone who knows the legal terrain means you’re not constantly reacting—you’re planning, protecting yourself, and reclaiming your future. If you're looking for someone who truly understands the intersection of trauma and the law, our team is here to help.
You don’t have to figure this out alone. Reach out to us at (305) 570-4802 or fill out our online form to get started.