What To Do When You Are The Victim Or Offender Of Domestic Violence
The law defines Domestic Violence as abuse and violations occurring between family members, people living together due to romantic relationships, or other reasons, and people who have had relationships in the past. The following are the crimes that qualify to be domestic violence:
- Placing other members in physical danger
- Rape and other forms of non-consensual intimacy
- Interference with the freedom of movement, i.e., preventing a member of a household from moving out
- Child abuse
What to do when you are the victim of domestic violence
The first thing that you should do is contact the police. If you have a domestic violence lawyer you should also contact him/ her. When you make a report with the police, your offender can be arrested by law enforcement officers without an arrest warrant, but there needs to be evidence, such as physical injury.
Research shows that people that violate the people that they live with rarely stop doing so. To protect yourself and your loved ones, it’s wise that you get a protective order. A protective order, also known as the restraining order is issued by the court to prevent the offender from getting into contact with you or your loved ones.
For the court to give you the restraining order you should give the judge good reasons why the offender will cause more harm to you. You should work closely with your defense lawyer and compile information that will convince the judge. The information may include previous assault charges, threats or anything else that will put weight on your case.
What to do when you are the domestic violence offender
It’s good to note that not all reported cases mean that the offender is in the wrong. If you have been charged with domestic violence but you are innocent, you should work with your lawyer and find a way to win the case. The first thing that you should do is gather evidence. You should visit the hospital where your spouse or partner was treated and speak to the doctor.
Most people will aggravate their condition in order to convince the judge to rule in their favor. If the doctor says that the other person wasn’t injured, you should bring the doctor to court to give his/her side of the story. You should also work with your assault charges attorney and find people that were present during the scuffle and ask them to come to court and serve as your witnesses.
There is a procedure of criminal cases in any country. These may be basically the same across countries but there are significant differences in many-a-states. There are crimes taking place everywhere some are committed and some crimes are forged to be committed. At times criminals are left and innocents become a part of the trial. The case may be any but it is really important to keep in mind the process and procedures involved when you are charged under criminal law.
Arrest, Release, and Bail
The very first step that will be taken up to you will be an arrest- warrant. It is only possible if the officer has proof about the crime been observed or even there is some probable cause to it. You must keep silent according to the Miranda Laws, or everything you say will be taken and used against you.
Once you are arrested and are inside the cell you can apply for bail. The bail is granted by the commissioner. It may be sometimes that you are unable to meet it, and then you will be before the judge on the business day. The bail is decided up on factors like your past record, the nature of the crime, family condition, and various other factors.
For something serious, you may not enter a plea at first. Or an arraignment may be charged which will be held by the next 24 hours after your arrest.
Trial and Sentencing
Most of the cases before trial are disposed of with a plea in advance. Pleading guilty in the process can help them to get lesser sentences for even the most serious charges.
For the hearing procedure, the criminal is put before a District Court Commissioner. After listening to the prosecution and considering the evidence it is decided whether the defendant will be charged or not.
If the charges applied to withstand then it is asked to enter a plea. And if the matter is really serious, a grand jury listens to the case in a circuit court.
Many of the sentences which are imposed are based upon the criminal nature and history. It is also based upon the severity of the crime committed.
There is no chance of taking a criminal law not too seriously. One must consult an attorney practicing in criminal laws so as not to put your future at stake.