Domestic violence is a type of violence that happens if the victim and the perpetrator are in a domestic relationship. It is the type of violence that occurs in a household. It may involve a partner, child, or child-abusing parents. It can be used to also define the violence that happens between siblings in a home. It has to be noted that not every accused individual is automatically guilty as there were instances that a person might be innocent. This is why a domestic violence lawyer is needed to sort out the charges for the defendant.
Domestic violence is recognized by the government and organizations as a social problem. Domestic violence carries misdemeanor crimes and felony. Many domestic violence cases are related to abuse done by a current or former intimate partner of a victim. The case can be between a perpetrator and a victim that has a child together or couples that are in a cohabitation setting. The perpetrator in domestic violence cases is mostly the spouse of the victim. Another situation is when a person commits violence to a minor who resides within the home. Many jurisdictions treat these situations like domestic violence crimes.
The victimization of domestic violence crimes is not limited by sexual orientation or gender. However, many women are often victims of domestic violence crimes while likely suffering injuries compared to men. Still, men are also subjected to domestic violence in huge numbers. Even female partners can be violent and cause physical harm to the male partner. Members of the LGBT community also face violence from their partners. Other economically and socially disadvantaged groups across the United States are facing high rates of violence compared to other groups. An example is Native American women have a rate of 60 percent who were physically assaulted by their spouses.
There has been much research and studies delving deeper into the problem. Research showed that domestic violence is a result of gaining control and oppression in intimate relationships. Violence can take physical or non-physical forms of abuse. Non-physical violence includes asserting power, control, and emotional abuse to the victim. In this case, the perpetrator instills control over the victim. Many non-profit organizations are working to fight the stigma that many people face when they decide to report these problems.
Domestic violence includes emotional, verbal, physical, sexual, and economic abuse. Many forms of domestic abuse aim to gain and maintain authority over the victims. The abusers may utilize various ways to exert their control over their partner. It can be done through isolation, threats, blame, denial, intimidation, and humiliation.
Any person who is accused of domestic violence against his or her partner needs a reliable domestic violence lawyer to assist the defendant. Domestic violence is a serious offense that can have harsh convictions.
Benefits of Having A Domestic Violence Lawyer:
- A Lawyer Will Stop The Defendant From Incrimination
Once the person is arrested, there is a possibility that he or she might say anything that can be used against the defendant in court. The person might think that talking will help oneself with the case but it may also lead to the police filing charges against the defendant. A domestic violence attorney can help in guiding their client when it comes to interrogations.
- Work To Have The Charges Dropped
A defense attorney will work for the benefit of the client. The first main goal of a defense attorney is to have the charges dropped. If the prosecutors would continue the charges, a defense lawyer can work on having those charges dismissed due to a lack of any evidence or due to violation of the defendant’s rights.
- Develop A Defense Strategy
If the prosecutor is successful in pushing the charges, a defense attorney will orient the client about the situation and the options available. It may involve a plea agreement or proceed with a trial defense. The lawyer will also discuss to the client the possible outcomes of the trial, as well as the possible outcomes of a conviction.
- Defend The Client Against Any Restraining Order
A restraining order can force the defendant out of his or her home which makes it hard to live an ordinary life. The worst part is if the person who filed the restraining order lives near you. An attorney works to avoid this order from being implemented.
A domestic violence lawyer aims to ensure that the defendant will have a proper chance in court. Whether the person is guilty or not, the equal treatment of law is provided to ensure that justice is properly served.