Domestic Violence Charges have YOU Down? Here’s What To Do
Sometimes disputes can get a little (or a lot) out of hand. Other times, there was never a dispute to begin with. Stories can be spun in every which way to place you in a false light. So, what exactly should you do if your “dispute” turns into a domestic violence charge? Read on to find out.
There are two possible scenarios. The first is you are charged with an act of domestic violence AND you actually had a part in it. The second, which happens far too often, is you are charged despite being innocent. False allegations happen often, typically based out of some ulterior motive. There could be a vengeful spouse who wants to get back at you, or maybe you are in the midst of a heated child custody battle and the other parent will do or say anything to win. It sounds
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You feel helpless and desperate to get your life back in order. You are experiencing a great deal of frustration, feeling like all is lost. But rest assured, there is hope. With an experienced criminal defense attorney on your side, you won’t have to go it alone. The legal system is complicated, at best, and the ensuing costs of defending yourself will no doubt tug at your wallet and spirit. But if you choose wisely and select an attorney who is committed and relentless from start to finish, you can and will get those baseless charges dismissed.
On the other hand, if you did in fact commit “an act” of domestic violence in the eyes of the law, you still have many viable options. Like the first scenario, you will again need an experienced criminal defense attorney to guide you through the process. While it may seem the evidence is not on your side, there are many different approaches and tactics that a skilled attorney will utilize to maneuver you through the legal system and protect your rights. Selecting the right criminal defense attorney to represent you will set the tone for the outcome of your
Under the domestic violence statute, any act or an attempt to inflict physical injury on a person by another other than accidental means, placing an adult or minor in fear of physical harm, physical restraint, or malicious damage to the personal property of the abused party is referred to as or defined as domestic violence under the statute (Tenn. Code Ann. § 39-13-111).
According to “The United States Department of Justice” Domestic violence is defined as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence has different forms sexual, physical, emotional and psychological actions or threats. These forms of treatment can influence another person. There are
David Shestokas states, "Police arriving at the scene of an alleged domestic battery cannot know how volatile the situation is at that moment, or was prior to their arrival. The officers have standard procedures to follow: separating the parties, conducting interviews, observing the scene, checking for injuries, providing information specific to domestic violence and more. However, nearly always someone will be arrested" (Shestokas, 2012.)
Hirschel and Buzawa (2012) indicate that 34 states have primary aggressor laws giving officers further latitude to identify the perpetrator in domestic violence incidents thereby limiting the arrest of the victim. In determining the primary aggressor, there are four factors that officers use. The four factors that Rajah, Frye, and Haviland (2006) identified are: (1) whether either party is threatening or has threatened future harm toward household members; (2) comparative injuries; (3) prior history of domestic violence if determinable; (4) whether either party acted defensively to protect himself/herself. Despite these indicators, research conducted by Hirschel and Buzawa (2012) indicates that these factors are not uniform throughout those states with primary aggressor determinates contained in their statutes rather, wide latitude is given to the officer and dual arrests still occurred despite the changes. Still, research conducted in New York state where both mandatory arrest laws and primary aggressor determinates are enacted, Rajah et. al. (2006) found that many officer chose not to arrest the perpetrator in certain circumstances thus leaving victims unprotected and therefore chose to not report the violence in future occurrences. To ensure proper application of primary aggressor determinations, officers need specialized training in
The State of Tennessee defines Domestic Abuse as “inflicting or attempting to inflict physical injury on an adult or minor by other than accidental means, placing an adult or minor in fear, physical harm, physical restraint, or malicious damage to the personal property of the abused party including inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor, or placing an adult or minor in fear of physical harm to any animal owned, possessed, leased, kept, or held by the adult or minor” (Tennessee Code Annotated §36-3-601 (F) (3)). This definition for many civilians is open to interpretation. As many officers have observed, verbal altercations become heated and law enforcement is called at times by a third party. In most cases this he said, she said occurs without witnesses (willing to cooperate) or unfortunately evidence of an assault, the officer is therefore hard pressed to make a determination as to the primary aggressor. Many times, as I have noticed, the aggressor has left the scene by the time officers arrive and if there is no physical sign of abuse, a report or memo is done. Although the complainant is advised to follow through with the necessary documentation to pursue legal remedies, they often do not either from fear of retaliation by the individual, fear of the legal system as they have been negatively involved in some aspect of the judicial system or lack of confidence in the legal system and
People who are married are not the only ones that may become victims of domestic violence. If you are living with a significant other who harms or threatens harm to you or someone else in your family, you may face the same challenges that a spouse would. Consequently, many of the same resources may be available to you to address these. More information about protections available to victims of abusive relationships is available on our web
In beginning my revision process, I started by staring at my submitted essay over and over. First thought, I should have changed the title to something along the lines of, “Domestic Violence, is there Treatment?” Second thought, Wow!! What a difference I am from the person who first began this course. I took a look back over my previous submitted writing assignments and could see my writing abilities has drastically improved, As I reviewed and reflected on the submitted essay “Domestic Violence and Treatment”, I believe, I did a complete and thorough job in delivering my subject. As I previously stated, I credit you, Mr. Perkins and this course for my improvements. I have always struggled to put my thoughts on paper in a manner that is coherent. I now feel that my ability to write and express my ideas, thoughts and knowledge have grown stronger.
Domestic violence can destroy a person’s self-worth, make them go into depression, and make them feel worthless. So, what you can do is respond promptly, establish control, attend to injuries, ensure safety of children involved, and much
Aggressive behavior at home In some abusive behavior at home cases, false allegations are made out of disdain or to promote the affirmed casualty's own plan. In a separation continuing, for instance, a mother may assert spousal misuse with a specific end goal to mischief her better half's believability in a care fight.
There are many different types of domestic violence. Physical abuse is the most obvious form, but this is not to say that outsiders always recognize it. Generally, physical violence causes bodily harm, using a variety of methods. Slapping, pushing, throwing, hitting, punching, and strangling are only a few methods. An object or weapon may or may not be used. There is not always physical evidence of physical abuse such as bruising, bleeding, scratches, bumps, etc., therefore, absence of physical marks does not necessarily mean physical abuse had not occurred. Physical abuse sometimes escalates to murder (Morris and Biehl 7, Haley 14-17).
Domestic violence is an assault and / or battery against a family member, including your children, whether you are in the process of divorce or not. While this is a serious crime, you may be accused of domestic violence by a vindictive spouse. As soon as your spouse files a domestic violence injunction against you, you should contact the office – even before you are served.
Although I’ve never experienced domestic violence personally or in my immediate home, I have friends that have had the unfortunate experience in their lives. In my friend’s situation perpetrated was a female, who would not take no for an answer. On one hand my friend was a passive person, he did not like confrontation with anyone, on the other hand, his girlfriend was aggressive and intimidating. Similar to the above scenario, she would get intoxicated, go to his home start and argument as a result begin destroying his personal property. In the above scenario is not only considered intimate partner violence; it has to be considered aggravated assault due to the fact that the suspect used a deadly weapon with intent to cause harm to the victim.
Domestic violence is aggressive behavior within the home, generally involving the abuse of a spouse or partner in order to gain control or maintain power over another. This type of violence can be sexual, physical, emotional, or even psychological in which these threats influence the other person. It is not only about physical abuse, it’s the consistent pattern of behaviors that are used to make the victim feel threatened and manipulated.
"Abusive Relationships Information | SAFE@UNC." SAFE@UNC. The University of North Carolina at Chapel Hill, 2012. Web. 19 Dec. 2012
Domestic violence occurs when one individual in an intimate relationship that tries to control or dominate the other person. Domestic violence can range from physical abuse to emotional or mental abuse. Many cases involve one of the individuals physically assaulting the other individual. Many people assume the abusers are males, but that is not always the case. More females are assaulting