subject: Domestic Abuse - A Case Needing An Experienced Criminal Defense Lawyer [print this page] Problems at home - whether between spouses or between parent and child - is no longer a purely domestic private issue. This subjects the offender to a criminal act, punishable when proven through the court. Statutes had been promulgated in all the states of the United States of America penalizing the offender. Globally, this matter has also been construed as violation against human rights.
What is domestic violence?
Domestic violence constitutes any abuse inflicted on a family member. This can be physical or verbal. Threats, intimidation, sexual abuse, physical, emotional and economic abuse all fall under the domestic violence crime. The case can be between spouses, parent and child, divorcees and even boyfriends, girlfriends. Several statutes, although may differ from state to state or country to country, criminalize anybody's domestic abuse.
Most cases of domestic violence are civil in nature. But then, there are laws that impose criminal penalties on offenders. As said, it varies depending on the provisions of the statute of each state. Whatever is the penalty, it still constitutes a crime which should not be taken for granted. If you are charged of this criminal violation, you should seek counsel from an experienced criminal defense lawyer.
As the violator, you can be sued for monetary damages. And the amount may be too huge for you so you need to be defended by an expert who is adept on the different laws, especially when you are not familiar with the laws of the state. In addition to the monetary compensation, the victim may also invoke orders of protection. Again, the extent of this restriction on the violator may vary, depending upon the provisions of the statutes of the state where the crime is filed. Included in the order of protection imposed on the offender is leaving the home, payment of child support, return of personal property to the victim and such other order of protection which can form part of the penalties.
Although domestic violence is a crime, it should also be understood that not all violence are punishable. There are states in the USA that does not include emotional and economic violence as integral component of this type of crime. And it is important to note that domestic violence is punishable under the provisions of the particular state's penal code.
If convicted of the crime of domestic abuse, you can be penalized with payment of monetary compensation to the victim or payment of severe fines, imprisonment for a period of time, being placed under probation and compulsory attendance in mandated treatment programs.
If and when you are charged with a case of domestic abuse, you should take the charge seriously as this constitutes grave offense. You can be sanctioned with different penalties so it is imperative for you to consult and hire a criminal defense lawyer. And be sure that your attorney has all the necessary experiences and knowledge about the law of the state.
by: alona Rudnitsky
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