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Domestic Violence

Domestic Violence

The general definition of ‘domestic violence’ or ‘family violence’ is the emotional, physical, psychological or sexual abuse perpetrated against a person. It can be committed by a family member or intimate partner and it could be described as a broader term, which often consists of child abuse, elder abuse, and other violent acts between family members. The particular case study concentrates on the main area of concern which is the domestic abuse. It is a severe violent crime including irruptive behavior from one person often injuring another. Physical harm to various degrees, is the final result of these crimes, and the offender may be arrested, charged with a violent crime and conceivably convicted.

After analyzing the problem, it is significant to refer to some suggestions that can contribute to the prevention of domestic violence. In essence, this is an action which can happen everywhere, at home, or on the streets and the impacts are multiple from immediate physical or psychological injuries to long term mental or physical complications. Undeniably, it is a serious problem, which now lots of victims have experienced such assault and they never denounce it. This is clearly shows the level of danger domestic violence reaches and communities are looking for solutions. Initially, an important proposal in order to address this problem would be to change the way family courts handle cases involving domestic violence and make penalties. All the violence cases which result to court, must be judged more strictly and the system must charge the way it operates to better address the problem. For instance, some divorces cases, include a violent attack.

Domestic violence is considered as an intentional crime, which can be acquired by victims to prove a personal injury claim or domestic violence civil case. Although criminal cases may convict the accused individual, this punishes him/her by law and does no longer ensure compensation when obtained for any injuries or treatment that is needed by the victim.

When a culprit is charged with domestic abuse, he/she is typically subjected to a protective order being placed on the reset of the same family. This is issued with by the court and may be changed if necessary. If the court enoined protection order is violated, new charges are frequently the final results. it is significant to keep distance from the these protected, and the accused should not have any contact with those in the home, unless performed by using a lawyer.

 

First Steps after Arrest

After the accused person has been arrested, a complaint takes place. This is where allegations are issued and the individual on trial issues a plea. After consulting with a criminal defense lawyer, a guilty or not guilty plea is entered. At any factor in manner, the defendant can decide to trade his/her plea from not guilty to guilty. It is important to have a criminal defense lawyer to assist with these court cases and to recommend what to do at each step.

New court dates are set after the arraignment and then the criminal defense lawyer begins the proposals about all the necessary steps in defending the accused. Prior trial negotiations are set on the first date that comes to pass. This is where the hired legal representative deliberates the case records, the criminal history of the defendant and victim and any accidents that are sustained and different factors related to the case.

The incidents of the case may need to be investigated by the lawyer in order to determine potential defenses. Witnesses are contacted to understand the connection of the perpetrator and the victim, those people with private relationships with the defendant, those who witness the alleged crimes and everyone that could have favorable comments about the accused character are all usually interviewed for the protection.

 

What to offer the attorney

When counseling with the criminal defense lawyer, it is important to provide all viable favorable information that can be utilized in negotiations. This will include any violent history the victim has against the defendant, false accusations that have been made through the alleged victim, mental illnesses or drug addictions and other similar behaviors that can provide an explanation for the activities in a distinctive context. In some cases, fake accusations may have been lodged towards the defendant. It is potential to be informed about those concerns, in order to defend them. Any additional information that has not been shared, should be explained in detail to the legal counsel for the confirmation of a better outcome.

 

Jury Trial

The ones accused of domestic violence crimes, have the right to a jury trial. Jury trials may take some days or weeks while various members of the jury provide evidence and testimony both against and for the defendant. In particular, evidence can be submitted, consisting of police reports, photos of the injuries and clinical evidence.

Before, during or after the jury trial, a plea of a good offer can be made. it is crucial to be aware to this type of offers and whether prison time might be emerged, if probation will be required and whether there are any other consequences, including immigration results.

 

Potential Penalties

If a plea settlement is not always accepted and if the defendant is convicted, the defendant may be concerned to criminal penalties. Penalties which consist of jail time, domestic violence counseling, fines, various fees, probation and the issuance of a protecting order. Furthermore, the defendant will likely lose his/her Second Amendment rights and be required to forfeit all firearms.

There can be custody issues regarding his/her children. For more serious cases some states may involve the Department of Child and Family Services when children are involved and the convicted person normally has to be presented in the family court that has additional penalties or punishments available.

 

For more information and guidance please email Michalaki, Pitsillidou & Co LLC – iMPK Global Business Law Firm – Cyprus Lawyers, at info@impklawyers.com or visit our website at www.impklawyers.com.Tel. +357 25660092 – Fax +357 25 660097.

 

 

 

 

1 Comment

  • Cleo Laster
    Reply February 26, 2019 at 1:05 pm

    Very interesting topic, regards for posting.

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