Need Legal Help? How to Choose a Domestic Assault Lawyer
To the surprise of many, family violence in some countries is a regular part of life. But that’s not the way things are in the US, and it shouldn’t be like that anywhere.
So keep reading to learn more
In premise, domestic assault/violence is a pattern of behavior that is abusive in any type of relationship in which one person is attempting to gain or retain control over the other entity.
In this article, we will cover the types of domestic assault, as well as the types of victims. In addition to that, we will go over choosing a domestic assault attorney.
So keep reading to learn more
Domestic Assault: Types of Abuse
According to the Department of Justice, the definition of domestic violence is in the pattern of behavior in any type of relationship, which is abusive in nature and enforced by one party to gain or retain control over another.
When it comes to actual inclusions within the umbrella term, there are many types of abuse that are pertinent to it. Here are some of them.
This category includes biting, hitting, battering, shoving, slapping, pulling hair, cutting, pinching, burning, punching. Practically, any type of violent behavior inflicted upon another.
However, it also includes the denial of medical treatment to another or the forced use of alcohol or drug upon somebody.
This occurs when an abuser attempts or coerces another into sexual behavior/contact without their consent. This often takes form in physical violence followed by sex, attacking of body parts, marital rape, sexual jokes/comments, sexual demeaning of the sufferer.
This category involves the deflation or invalidation of another’s self-esteem. Emotional abuse takes form in injury to an entity’s children, interference with their abilities, name-calling, continual criticism.
This category involves the invocation of fear via intimidation, threats to physically harm victims, children, family, pets. As well as, property destruction, isolation of the victim from loved ones, pet injury, the prohibition of mobility for victims.
Thie category involves the abuser making the victim financially reliant upon the other. Economic abuse often seeks entire control over resources, the prohibition of another from going to work/school, or the withholding of funds from the victim.
This category involves acts such as repeating emailing, social media messaging, or online action that influences emotional distress. This can occur in the public medium or in-private and it holds no difference.
Any threats to injure, hit, or use a weapon is subjection to definition as abuse. Any other type of threat is also pertinent to other forms of abuse.
Spying, watching, following, harassing, showing up victims home, collecting information, making phone calls, sending gifts, written messages are typically legally. However, when performed in a continuous and obsessive manner are considered a stalking crime.
Domestic Assault: Types of Victims
The definitions upon the types of victims that are recognized in a domestic assault can include practically anybody, regardless of their gender, religion, level of education, race, sexual orientation, age, socioeconomic background, etc.
In the past, a domestic assault was referred to as wife abuse. However, the term was abandoned when it was recognized that wives are not the only ones who suffer under the guise of domestic violence. The definition of domestic assault now can recognize, but is not limited to recognizing:
- Sexual/intimate/dating partners
- Family members
Most people think that only the victim of domestic assault can obtain a protective order against the other entity. However, most states allow the victims of abusive relationships to acquire protective orders. Some states allow victims of abusive roommates, relatives, non-cohabitating partners to acquire orders as well.
The laws differ by each state, so make sure to check in with your local enforcement.
How to Choose A Domestic Assault Attorney?
Domestic assault is a considerably-serious criminal offense with substantial consequences to accompany it. But it is also quite unique in the legal enforcement that the justice system can employ when putting the abuser behind bars. Thus, stripping them of their rights, including the rights to see children.
All of this can happen based on allegations, and nothing more. When the police respond to a call that alleges domestic assault, and they have cause to believe the act was committed, the officer must arrest the abused with no ticket, no warning, and no time for explanation. The abuser is subject to transport to jail at moment’s notice.
They will also not be released from jail until the judge has set a bail bond, and has issued a restraining order, which will prohibit contact between yourself and the abuser (as well as children + additional limitations pertinent to the case). The abuser might also be barred from returning to their home. Keep in mind these are simple consequences after the arrest. If the abuser is to be convicted, their life will never be the same.
For these reasons alone, no matter if you’ve been wrongfully accused or want to build a strong case against your abuser, choosing an experienced and knowledgeable domestic assault attorney is critical to the success of either case.
However, don’t dismiss the importance of time. Only time can ensure that the case is defended or prosecuted in its most optimal manner. When it comes to choosing this lawyer, the same advice that applies to criminal defense lawyers is pertinent here.
In particular look for a lawyer that is:
Your future is dependent on all of the moments that occur past the point at which the police show up. No matter if you are the alleged abuser or the victim. After the arrest, the importance of a lawyer who is accessible at all times is indispensable.
Find an attorney who is willing to work through the midst of the night so that you get the justice that you deserve.
False allegations against the abuser or diminished allegations from the victim are common. Once these allegations become public, everybody finds out about them, and your character is subject to serious questioning.
You need a lawyer who will listen, understand, and believe. You need a defense attorney who comprehends the importance of this case and knows how difficult is must be when your life is on the line.
The issues, evidence, and methods involved in defending or prosecuting a domestic assault case are complex. There is no substitute for experiences in these cases.
Find an attorney who has a substantial history in handling domestic assault matters, as well any other cases that involve restrictive limitations that can permanently scar the life of all parties involved in the case.
The Lawyer for You
Now that you know what to look for in a domestic assault attorney, you are well on your way to ensure that you get the support that you deserve. As long as you spend adequate time researching the lawyer, and your intuition proposes that they are the right person for you, you’ve already succeeded.
If you’re interested in working with an attorney who has the triad of necessary qualities, get in touch with us now and we will happily accommodate your needs.