Domestic Violence Attorney – How To Deal With A Charge of Domestic Violence

A charge of domestic violence can be very devastating to a person. They can ruin one’s reputation and even deprive one’s liberty through considerable mandatory jail time. Domestic violence is highly outlawed and frowned upon by the courts and society. As such, various laws provide strict penalties for it. It is always a good idea to hire a domestic violence attorney to defend you in and out of court. Here are some things to take into consideration.

It should be noted that domestic violence is not a federal crime and the laws prohibiting it vary from state to state but is nevertheless considered as a crime in all the 50 states. While the main idea of domestic brutality is basically the same among the states, there are different interpretations or definitions on how this crime is committed. The lawyer should be aware of the particular state law in order to employ the proper defense. An inexperience lawyer will likely lead you to a conviction especially when faced with a very skilled prosecutor.

When consulting with your chosen domestic violence attorney, you should answer all his inquiries truthfully. A lawyer can only put the case forward if the facts where the defense is grounded are based on the truth. You should not take shame in what you will tell to your lawyer because your conversation is confidential and protected by law. If the facts grounded upon are true, the pieces will naturally fall into its proper places.

Being involved in a domestic fighting case is somewhat complicated. It is quite hard to establish what really transpired on the events in question. This is because the trial usually tends to become one-sided as the jury tends to blamelessly be inclined by sympathy towards the victim. This kind of difficult case requires the cunning and experience of a specialist attorney.

If you are charged with domestic aggression for the first time, you may be obligated to take rehabilitation programs at the offender’s costs. This may be composed of parenting, drug or alcohol rehabilitation. In addition to this, the offender shall be subject to some strict rules that should be followed to avoid dire consequences.

When faced with a charge of domestic violence, one should not even think twice in immediately getting the services of a good domestic violence attorney. A competent lawyer will lead you to the best results sought and will defend your rights properly.

Divorce and Domestic Violence: Is Domestic Violence Considered a Crime?

Many divorce attorneys and divorce lawyers are often confronted with this question because of the difficulties associated with domestic violence cases. Indeed domestic violence can take numerous shapes including actual physical abuse or threats of physical abuse, emotional abuse, threatening telephone calls, disturbances at person’s workplace and stalking. Domestic violence covers many forms of abuse such as physical or emotional dominance and control over a close related person, whether spouse/husband or any other relative.

Therefore, the question to of whether or not domestic violence is punishable under criminal law will often depend on the type of domestic violence and the specific circumstances in which the act or acts of domestic violence took place. However, repeated actual physical abuse is generally not punished the same way as disturbances.

Further, there are no common national laws regarding domestic violence matters in the United States. Each State has its own laws to handle domestic violence cases. Therefore the same domestic violence case may be judged differently from one state to another. However, most States tend to consider domestic violence both as a crime and a civil offense. Therefore, the domestic violence offender may be subject to both a criminal punishment such as a jail sentence and to a civil punishment such as money damages.

Many States also tend to consider domestic violence a crime against the community. As a consequence, a domestic violence case may be subject to prosecution by the city or district attorney even if charges have not been brought by the abused person and even without his/her assistance. Too often, and in most famous domestic violence cases, the abused person ran away from the family residence, contacted the police, pressed charges, and then tried to have the charges dropped because he/she managed to reconcile with the abuser. In order to prevent such patterns from being repeated, many local communities and states enforced a more severe legal system regarding domestic violence matters.

Whether it is the first complaint or not or charges were pressed or not, domestic violence cases can be brought to justice. Many local communities or states try to inform and warn that domestic violence will not be tolerated by local authorities. If you want to know more about your local legal system and what acts of domestic violence is considered a crime, you can get some useful information with your local bar association or by consulting an attorney in your jurisdiction.

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What is Considered Domestic Violence?

A domestic violence is filed against an individual by another individual who is related to them by marriage or lives in the same house as the accused. In Arizona, the statutory definition of domestic violence applies not only in crimes against spouses, although it is the most common, but also to crimes done against partners, former partners, individuals who are currently dating and the elderly. The charge of domestic violence has varying levels and forms, from simple assault to murder. It is also in the coverage of the domestic violence law such acts concerning violation of the order of protection, like a restraining order. The restraining order does not necessarily require physical presence; even a late phone call to a child or to the ex-spouse is considered a violation when a restraining order is still in effect.

Because of the alarming number of violence within a household being reported, the state of Arizona focused on strengthening its laws. The law enforcement department is now developing new policies while the court system is actively implementing the changes. In some cases, the prosecutors are filing charges even if the victim refuses to participate due to fear.

The Arizona Revised Statute 13-3601 lists the affected relationships involved in a domestic violence. It can be between two married individuals, currently or in the past. It can also be between unmarried individuals residing in the same house, same gender cohabitation is included. If both parties are not married or are not living together, it is still considered as domestic violence if they have one common child together or the woman is currently pregnant by the concerned party.

The two other relationship definitions are quite broad. The crime done is considered as domestic violence when the victim is related to the defendant or the spouse of the defendant by blood or court order. This includes grandparents, parent-in-law, stepchild and the like. The other one is when the victim is a child who is currently residing or resided in the same house as the defendant and should be related by blood to a former spouse of the defendant or any person who is residing or resided in the same household.

Domestic violence is not taken lightly in Arizona. The punishment, depending on the level of crime, is severe. The conviction can result to limitation in child visitation rights, loss of privilege to own a gun, mandatory counseling and prison sentence in more serious cases. When the domestic violence involves the use of deadly weapon and injury, then the crime is often prosecuted as a felony.

Domestic Violence Cases: The Four Types and How They Relate to Injunctions for Protection

When domestic violence or domestic battery occurs to you are someone you love, it is important you and your family law attorney know the four types and how they are applied to Domestic Violence Injunctions in the state of Florida.

In Florida domestic battery or violence cases, the abused party may seek a Domestic Violence Injunction to protect the person and/or children from abuse. There are four types of legal cases specific to the state of Florida regarding Injunctions for Protection:

1. Domestic Violence

Spouses, former spouses, persons related by marriage or blood, persons who live together as a family, and persons who are parents of a child in common, constitute a “family or household member”. A “family or household member” who reside together in a single dwelling unit or in the past have so resided together (except for parents of a child in common) may seek protection against domestic violence by filing a sworn petition at the Clerk of Court’s office. If the Court believes an immediate and present danger of domestic battery exists, a temporary injunction could be granted for up to 15 days, during which a full hearing would take place.

2. Repeat Violence

A person who is a victim of repeat violence may also file a sworn petition at the Clerk of Court’s office. “Repeat violence” includes two incidents of violence or stalking committed by the Respondent against the alleged victim or his or her (victim’s) family, one of which must have been within 6 months of the filing of the Petition.

3. Dating Violence

A person is a victim of dating violence when there is stalking, assault, kidnapping or some other criminal offense resulting in physical injury between individuals who have or have had a continuing and significant relationship of an intimate or romantic nature. The dating relationship must have existed within the past six months, been characterized by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. Dating violence does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

4. Sexual Violence

A person who is a victim of sexual violence or the parent or legal guardian of a minor child who is living at home and is a victim of sexual violence can ask the court for a protective order prohibiting sexual violence. Sexual violence has a specific definition under the Florida Statutes.

Anyone who has experienced any of these types of domestic violence in Florida – or know someone who has – should contact a highly qualified domestic violence attorney to go over your legal rights and course of action.

Introduction to Domestic Violence Charge

An argument or kind of injurious actions in a relationship may result in getting charged with domestic violence. Though there could be a difference between the terms domestic violence and domestic abuse, these can lawfully hold the same or comparable charges. A person is liable for immediate arrest when committing a physical violence against his/her spouse/partner. Emotional, verbal or psychological abuse for an extended period of time may also suffice for being charged with domestic violence.

If the abused person opts to take action amounting to charges, the negative and abusive behavior of the abuser may get intensified. Getting imprisoned and facing jail term, losing the child’s custody or restraining may be issued by the court against such charges.

Domestic abuse can be defined as a rude or insulting behavior towards a spouse or a partner in relationship. Generally, such behavior embraces vilification, exploitation and extreme control by one of the partners. Abusive behavior means threats, name calling or not fulfilling financial requirements. When an abusive behavior turns physical, it is often treated as domestic violence.

In the US, many states have included specific protections and responses for reporting domestic abuse. Physical beating, kicking or other types of mugging can lead to getting arrested and charged with domestic violence. Even threatening actions or words can suffice for taking legal action against the suspected abuser. A spouse who is separated from his/her partner on charges of domestic violence can seek protection under the stalking laws. The charges and the sentence awarded to the abuser would depend on where the crime was committed, and the extent of damages caused.

If a person is not aware of the laws, he/she could inquire the police station in incognito. Those in power may look for reasons for proposing and issuing charges of domestic violence. Usually, action is taken for protecting the abused spouse before taking steps for arresting the abuser. In case police is called in when the domestic abuse is continuing, generally one of the involved partners is taken away from the scene of action for a definite period of time, or he/she may be arrested for being kept in custody for presenting before court.

Usually, much before making a violence charge, the abused person could have explored the possibilities of walking out of the abusive relationship. Generally, it is advisable to seek the help of some dedicated program. Hot lines are included in phone books, enabling people facing domestic violence to seek police help. It is imperative, and always proves helpful to remove one partner from the site of violence. Such an action frequently proves to be of immense help in preventing disastrous consequences.