What is Domestic Violence?
n. The continuing crime and problem of the physical beating of a wife, girlfriend or children, usually by the woman's male partner (although it can also be female violence against a male). It is now recognized as an antisocial mental illness.Sometimes a woman's dependence, low self-esteem and fear of leaving cause her to endure this conduct or fail to protect a child. Prosecutors and police often face the problem that a battered woman will not press charges or testify due to fear, intimidation and misplaced "love."
Increasingly domestic violence is attracting the sympathetic attention of law enforcement, the courts and community services, including shelters and protection for those in danger.
Other Definitions of Domestic Violence Include:
A person has willfully inflicted bodily injury upon his/her spouse, or the person they are co-habiting with, and the bodily injury resulted in a traumatic condition.
Punishments of Domestic Violence Conviction
Consequences for the conviction of Domestic Violence may potentially include: - Domestic counseling
- Probation or parole
- Imprisonment
- Anger management class
- Significant fines
- Loss of the right to own a deadly weapon
- Other
Determining Punishment
Likelihood of any of the above consequences depends upon the following factors:- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstance
- Other
Defense of Domestic Violence Charges
Defenses for Domestic Violence may potentially include:- Self defense
- Insufficient evidence
- Factual innocence
- Other
What can You Do to Improve the Outcome of Your Case?
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
- DO NOT investigate your own case
What can We Do to Help?
- Early preparation, including legal research and defense identification
- Early investigation and identification of all facts helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
- In appropriate cases, negotiate jail alternatives
- Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
