If you have been arrested for domestic violence, you should understand that you are being accused of a very serious offense. In many cases, regardless of reality, the sympathies of law enforcement and the justice system will lie with the alleged victim of this domestic violence of abuse. In many states, law enforcement personnel are burdened with making an arrest on the briefest amount of evidence, and this often amounts to hearsay and falsified claims of injury. Domestic violence charges, if you are convicted, cannot be expunged from your record unless you can get those charges dismissed, so a case of an angry spouse or vindictive child could affect your life for many years to come. Read on to learn more about this charge and how to get justice.
What is domestic violence?
Many people are surprised by what can be considered domestic violence. The parties must be somehow connected to each other by domicile; in other words, the parties must be living or must have lived in the past with each other. You don't necessarily need to be actually related to each other through blood or marriage to be involved with them in a domestic dispute. These relationships can include spouses, former spouses, sexual partners, domestic partners, friends who have lived with you, roommates, children and more.
It should be noted that if you and another party have a child together, even if you have never lived in the same residence with each other, you are still considered part of the domestic relationship for the purposes of this crime. As for the crime, it can be any type of violence involving physical or sexual assaults or threats of assault or battery. It should be noted that in some states, the presence of a minor child to the domestic violence situation can lead to enhanced charges.
Domestic violence is a real and very serious issue in some relationships, but in some cases the charges are exaggerated or even completely made up. Proving that an accusation is false takes some quick action, so make sure you get the help of a defense attorney as soon as possible. In most instances, you will be prevented from making contact with the alleged victim, returning to your home or seeing your children until this matter is resolved. Witnesses and other pertinent parties will need to be interviewed, and your attorney can make sure this is done quickly in order to clear your name.
Speak to a defense attorney immediately and get started on ensuring that justice is done. For more information, contact companies like Abom & Kutulakis LLP.Share