How Criminal Defense Lawyers Get Involved in Cases of Domestic Violence

Domestic violence, domestic abuse, or domestic assault is a pattern of behavior in an intimate relationship where one partner physically and/or emotionally abuses the other. Abuse can take many forms including physical, sexual, emotional, and economic abuse. The frequency and severity of domestic violence can vary dramatically; however, domestic violence often involves coercive control tactics such as intimidation including threats, isolation, and economic abuse in addition to physical violence. There are qualified criminal attorneys in Los Angeles who are skilled in defending those accused.

Although domestic violence happens in all types of relationships, it most often occurs between intimate partners (spouses or domestic partners) and family members. In the United States, domestic violence accounts for 21% of all violent crimes.

A criminal defense Gainesville Georgia attorney (or one in your location) can get involved in cases of domestic violence in a few different ways. Often, domestic violence cases will first come to the attention of law enforcement when someone calls 911 to report an incident. Once law enforcement arrives, they will assess the situation and may make an arrest. If an arrest is made, the domestic violence victim will be given information about how to obtain a restraining order (also called a domestic violence protective order or DVPO).

Legal Choices with Domestic Violence

Domestic violence victims can choose to pursue charges against their abuser and have them arrested, or they can choose not to press charges. In some states, domestic violence victims are not able to refuse to testify against their abuser and the state will press charges even if the victim does not want to pursue them.

When Domestic Violence Charges are Pursued

If the domestic violence victim chooses to pursue charges, they will need to work with a prosecutor. The prosecutor will review the evidence and decide whether or not to file charges. If the prosecutor decides to file charges, a criminal defense lawyer may be appointed to represent the accused domestic violence abuser.

The Job of the Defense Lawyer in Domestic Violence Cases

The best criminal defense lawyer will review the evidence against their client and work to create a strong defense. In some cases, the domestic violence victim may choose to drop the charges against their abuser. This is often due to intimidation or fear. If the domestic violence victim does not want to testify against their abuser, the prosecutor may choose to drop the charges as well.

If the domestic violence victim wants to continue with the charges and testify against their abuser, the case will go to trial. The criminal defense lawyer will work to discredit the victim’s testimony and any other evidence against their client. If the domestic violence abuser is found guilty, they will be sentenced according to the law. Criminal defense lawyers play an important role in domestic violence cases by working to ensure that their client’s rights are protected and that they receive a fair trial.

Domestic violence can have a lasting impact on the victim, and the abuser must be held accountable for their actions. If you are the accused, though, you are still entitled to have adequate representation for your defense to assist you in obtaining the best outcome for your future. If you have been charged with a domestic abuse crime, a criminal defense attorney in Harrisburg PA is available to help protect your rights and ensure that you are granted a fair trial.

Circumstances Mitigating the Offense of Domestic Abuse

In building a defense for the accused, a criminal defense lawyer will probe into any circumstances that may have led to the occurrence of the domestic abuse. Despite the abuse clearly being wrong, explanations do help to identify if a person is generally abusive by nature or if extenuating circumstances just pushed them over the edge. Situations that could add immense pressure to domestic relationships include the following:

• Financial Problems
• Substance Abuse
• Mental Illness
• Isolation from family and friends
• Feeling trapped in the relationship

Substance abuse, whether it be drugs or alcohol, is something that has led to many violent domestic assaults. It is helpful to keep in mind that people do have breaking points and breaking points can be reached quicker when extra stress or other extenuating circumstances are added to the mix. And while some victims may disagree, our legal system is established in such a way that both parties have the same rights to state their case and be judged fairly based on all of the evidence presented.

Domestic abuse is a very scary and very real thing. If you are the victim of domestic abuse and you are uncomfortable reporting it yourself, please confide in a trusted friend, family member, or any professional such as your physician, counselor, or minister. Most people in the helping professions do have an obligation to assist you in the best way they can and they are more than willing to help. You can also Find a process server With Bond Rees or a similar firm if you’re uncomfortable serving your papers yourself.

I hope you have found this information useful. I know it would have been a great resource for me 30 years ago when I very fearfully had to file for a protection from abuse order when an ex-boyfriend pulled a gun on me and threatened to burn my house, telling me that if he couldn’t have me, no one could. At 17 years old, fear was clearly the driving emotion for both of us. However, three decades later, I am happy to report he grew out of his teenage emotions that were filled with all sorts of angst and anger at the world. We reconnected about 15 years ago and I had no trouble forgiving the teenage angst that went a bit too far. I recognize that the immature emotions of youth are deserving of that type of forgiveness. Plus he grew into a pretty cool and kind adult human being so why hold onto anger or fear?

Keeping it on the edge,

Shelbee

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