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Brooklyn Domestic Violence Lawyer
Legal Definition of Domestic Violence
Domestic violence is defined as the act of inflicting bodily injury or physical harm upon a member of one’s household. Sexual assault can also be placed in the category of domestic violence. Additionally, stalking a member of one’s household may be classified as domestic violence.
Most people are well aware of the fact that if violence is inflicted upon another person, then it can be classified as domestic violence. However, a person can be charged with domestic violence if a threat is made. Even if the threat is not carried out, criminal charges can still be filed.
Is Domestic Violence a Misdemeanor or Felony?
Domestic violence is typically classified as a misdemeanor or felony. A misdemeanor is a less serious charge. People who are charged with a misdemeanor may serve a short jail sentence and be ordered to pay a fine.
People who are charged with a felony may serve a long prison sentence. The seriousness of the injury is one of the factors that will determine whether a person is charged with a misdemeanor or felony. If there is no evidence of injury or the injury is slight, then it will likely be classified as a misdemeanor. A person’s past criminal history may also be used to determine whether they are charged with a misdemeanor or felony.
Domestic Violence Defenses
Justification- In some cases, the use of force was justified. For example, a person uses non-deadly force in order to restrain someone. They will likely be able to get their charges dropped.
Self-Defense- Domestic violence can be justified if a person used in order to defend themselves. For example, the defendant attempts to warn the person not to hurt them. The person continues to attack the person. The defendant had every right to defend themselves even if harm was inflicted on the other person.
People may also be able to argue that they used self-defense to protect their children from the other partner. Parents have every right to protect their children.
Mental Disease or Defect- People who are mentally incapacitated may be able to get their charges dropped if this can be proven in court.
Medical or Dental Purposes- It is extremely rare for someone to be able to use this defense. It is hard to prove that domestic violence had a medical or dental purpose.
Lack of Proof-This is one of the strongest defenses that can be used. People may also be able to get domestic violence charges if they can pinpoint the holes in the other person’s story. If there is no proof that an act of violence was committed, then the charges may be dropped. The American justice system relies on the burden of proof to convict of people of crimes.
Deliberately False Allegations-Many people will make up a story just to hurt the other person. This often happens when people are going through a divorce or a nasty child custody battle. Defense attorneys examine the cases thoroughly to look for inconsistencies in the other person’s story.
Wrong Suspect- Many people are convicted of domestic violence because they are mistaken for someone else. They can prove that it was impossible to commit the act because they were somewhere else at the time.
The Importance of Contacting an Attorney
Domestic violence charges have ruined countless lives. The stigma that comes along with being charged with domestic violence can stay with you for the rest of your life. That is why it is important to contact a domestic violence defense attorney. Your attorney can tell you about the best defense to use. They can also inform you of your rights.
Don’t deal with Brooklyn Domestic Violence Lawyer alone. Speak to the Spodek Law Group today.
Brooklyn Domestic Violence Lawyer
Domestic violence is abusive behavior inflicted on one partner by the other in a relationship. Abuse can be in the physical form, verbal form, or both. It’s a play on power. Usually, the person initiating the abuse is looking for control. They want to ignite fear by using hurtful and harmful tactics to intimidate their partner.
Domestic violence is not gender specific, race specific, or age specific. It doesn’t care if you’re heterosexual or homosexual. It doesn’t matter if you’re married, single, rich, or poor. Domestic violence can and does happen to anyone.
Laws Against Domestic Violence
Domestic violence is a nationwide crime and punishable by law. There are two types of domestic violence charges – misdemeanor and felony. A misdemeanor charge is punishable to a year in jail and a fine. A felony offense is punishable up to four years of imprisonment and a heftier fine. The extent of the charge and fine are all dependent on the severity of the crime, the inflicted harm, the abuser’s criminal record, and the state in which the crime was committed.
There are three different types of courts that rule over domestic violence cases. There is a criminal court, civil court, and family court. The type of court depends on the alleged charges. criminal court handles crimes that involve rape, assault, kidnapping, abuse, vandalism, stalking, etc. Civil court involves violation of protection order. And family court or divorce court is for cases where the divorce is a reaction to family violence.
Recognizing the abundance of domestic violence cases, in 1994, Congress passed a law called the Violence Against Women Act (VAWA). This is a federal law that expands on state and local laws against domestic violence. It enhances punishment on repeat offenders, sex offenders, and those that cross state lines to cause harm to a significant other.
When Does Domestic Violence Become a Federal Crime
It is a federal crime to cross state and Indian country lines in pursuit of causing bodily harm to an individual, to stalk an individual, to harass an individual, or to violate a protection order. All federal violations of domestic violence are classified and handled as felonies.
Victim’s Rights
Many victims don’t always understand their rights. As a victim of domestic violence, you have the right to protect yourself. One way in which this can be done is by getting a Court Order of Protection. This order stops all contact from the abuser. If the abuser and the abused reside under the same roof, this order of protection will demand that the abuser move out immediately and can be tailored to meet specific needs.
Warning Signs of Domestic Violence
Most people don’t realize that they are in potentially dangerous relationships. Commonly, the abused tend to make excuses for their partner’s behavior. No one wants to admit to being verbally or physically abused; furthermore, too many are afraid to ask for help. But below are some warning signs that can help you identify when you’re in an unhealthy relationship.
An abusive partner is someone who:
- tries to break you down by telling you-you’re not good enough
- monopolizes all your time
- threatens you or your family members
- forces you to do things that you don’t want to do
- threatens you with violence or weapons
- harasses you
- physically causes you harm by hitting you
Domestic violence is never OK. The pivotal point is recognition. If you, or someone you know, is suffering from domestic violence, please contact the Spodek Law Group at 1-888-997-5177. We have been helping victims since 1976. At SLG, we treat you like family.
Cited Sources:
https://www.justice.gov/usao-wdtn/victim-witness-program/federal-domestic-violence-laws
https://www.psychologytoday.com/blog/hurt-people-hurt-people/201510/five-reasons-people-abuse-their-partners
https://www.ncjrs.gov/pdffiles1/nij/181867.pdf
https://www.thehotline.org/is-this-abuse/abuse-defined/