When a family or household member commits Violence or abuse against a person in the same household that is considered Domestic Violence. This term is usually used when it happens between partners. Domestic violence applies to all kinds partner arrangements; dating, married, cohabiting, straight, and gay.
It is also called California spousal abuse and is defined by a cycle of violence which involves physical and psychological abuse. Domestic violence is a crime for which the severity of the charges vary depending on 3 things; if there were injuries and the severity, whether there was a minor present and whether the assailant broke a restraining order.
Domestic violence takes many forms. This could be low-level violence such as shoving and slapping, or the most severe violence involving rape and murder. Stalking, although not a violent crime, is also considered domestic violence.
Is there a specific charge?
Domestic violence is considered a chargeable crime in almost all states. A perpetrator may also be charged with additional crimes of battery and assault. Prosecutors push for harsher punishment for domestic violence as this crime is considered more abhorrent than would have happened between two strangers. The perpetrator abuses the trust and confidence of the victim.
What are the forms of Domestic Violence?
There are 4 main ways in which domestic violence is perpetrated.
– Physical abuse. This involves shoving, slapping, hitting, biting, battering, punching and other violent behavior.
– Sexual abuse. This is where the perpetrator coerces the victim into sexual contact or behavior without the victim’s consent.
– Emotional abuse. This involves the perpetrator making the victim feel inferior and loss of self-worth and/or self-esteem.
– Economic abuse. This is where the perpetrator makes the victim financially dependent.
Why you need a Domestic Violence Attorney
Domestic violence cases are usually touchy, full of emotion and perceptions. If you are charged with domestic violence there are chances that you will have a lengthy jail sentence and heavy fines. The best approach to a defense in a domestic violence case is a seasoned criminal lawyer.
An attorney can help establish facts in your defense. A criminal attorney can establish that you were not in a position to be the abuser. What you will need is a criminal attorney who is experienced in domestic violence cases, and who can look beyond the emotions and perceptions to establish correct facts before the law in your defense. You will need a good lawyer as there are usually no third party witnesses to make testimony in your defense.
Other blog post related to Criminal Defence:
Why You Should Always Appeal for Criminal Charges
How a Sex Crimes Defense Lawyer Can Help You
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