Domestic violence is abuse of any kind perpetrated in a family setting, usually in a marriage or cohabitation. Globally, domestic violence victims are primarily women. They are also more likely to commit intimate partner violence than men.
Domestic violence is considered an intentional crime by law. It is a serious violent crime that can damage one’s reputation if found guilty. Therefore, if accused, one must fight it strongly but carefully as it involves other family members. To do this, you will need the help of an experienced lawyer that can handle domestic violence cases like how Lane, Hupp, & Crowley handles domestic violence cases.
Before a case of assault can be considered domestic violence, the assaulted individual must be related to the perpetrator by birth, marriage, family ties, belong to the same household, or be in a sexual or romantic relationship.
Most times, the abused individual may suffer some sought of injury that could leave the individual traumatized, paralyzed, amputated, or even make them suicidal. Therefore, domestic violence cases are treated just like criminal cases.
How is a Domestic Violence Case Treated?
Usually, once a case of domestic violence is reported and the accused is charged, a protective order may be granted to the assaulted person or those living in the home with the accused. This order aims to prevent the accused from having direct access to the victim or the entire family, depending on the degree of the case. If this order is violated, the perpetrator may be charged with a new offense. Suppose there is a need to contact the accuser; the accused will need legal permission to do so.
If found guilty, the accused might be ordered to compensate the abused or even be sentenced to jail, depending on the judge’s verdict.
The Process Of Arrest And Going To Trial
Once the accused is arrested, they will be taken to court for arraignment. All allegations against them will be read out at this stage, and the accused will be asked to issue a plea. This could be a guilty or a not guilty plea. At any point in the process, the defendant can decide to change his or her plea.
Once the arraignment is complete, a new court date will be set, and all necessary precautions will be put in place for the defense and prosecutor.
To build a solid case, the lawyers involved will have to carry out some investigations. Through this investigation, they should be able to gather enough information about the accused and the accuser. Information such as the victim’s history, the defendant’s criminal history, the level of injuries sustained, and other related factors will be documented.
The criminal defense lawyer will need their client to provide all information on the case and not hold back any detail. The information might even include the violent history of both the accused and the victim, drug addiction history, or history of psychological illnesses. The whole idea is to ensure that the lawyer is well informed.
Some domestic violence cases may end up in trial. When this happens, it may take days or even weeks for jury members to listen to all testimonies and evidence for and against the defendant. People present at the crime scene may also be called to testify.
The Outcome Of Most Domestic Violence Cases
If the defendant loses the case, they may end up going to jail, paying a fine or compensation, ordered to visit a domestic violence counselor, or even sentenced to some days or weeks of community service.
The accused might also be placed on probation. If the defendant possesses firearms, the right to possess such might be forfeited.
If parties involved share custody of a child or children, the Department of Child and Family Services might get involved. They will decide who will have custody of the children before and after the case has been settled in court.
How To Win Domestic Violence Cases
There is no straightforward way to win any criminal case, even the most clear-cut and straightforward cases can quickly become complicated, and the wrong person may get jailed. Domestic Violence cases are no exception.
Domestic violence allegations are severe criminal cases, and the only way to increase your chances of winning is to hire an experienced and professional domestic violence defense lawyer. A professional criminal lawyer completely understands how prosecutors and the police operate, and they are always committed to delivering the best possible results for their clients.