Choosing The Best Attorneys and Lawyers in Downey, California
Downey is a place like any other: domestic violence whilst a tragic and painful subject
, is one that regrettably does exist and raise its ugly head from time to time. However, part of the problem with domestic violence is that there is a myriad of stereotyping surrounding it not to mention that it is an issue that has been manipulated by people with ulterior motives.
Attorneys in Downey have identified a worrying trend: some "victims" of domestic abuse (please note that contrary to public belief, both men and women can become victims of domestic abuse) either exaggerate or even totally make up their stories. Such instances are most common in the events of divorces and custody battles where the "victim" seeks to damage the credibility of their spouse in order to achieve some practical benefit for themselves (such as increased custody of their children.)
This does not mean to say that all reports of domestic abuse are fraudulent or Machiavellian, but when you are facing such charges it is essential that you get your side of the story across. As repugnant as domestic violence maybe, there are situations where it may be mitigated (treated less severely) or even justified (no criminal liability arising from it.)
If a spouse/civil partner is being routinely abused by their partner and one day they then retaliate in the heat of the moment to defend themselves, this would be good grounds for a defence of self-defence. In order to determine whether the defence of self-defence is applicable, the lawyers or attorneys involved in the case will consider the following:
1) Is there any tangible evidence that would corroborate the allegations of repeated abuse. Therefore, if a person claimed that they broke their arm when pushed down the stairs, an X-ray from their physician which shows the fracture would be appropriate.
2) Have any 3rd parties been involved in the marriage, regarding this issue. Whether it be a religious minister, a physician, or the police in regards to a 911 call, having the testimony from an objective party is essential.
3) Was the level of force used in self-defence, fair, reasonable and proportionate? If an abusive spouse charges at their partner with a raised fist and the victim then proceeded to shoot their abusive partner dead, this may be seen as unreasonable. If however, they tripped them up, or in some other way disabled them so as to prevent the assault without killing them, this would be much more palpable for the court to accept.
When it comes to domestic abuse/violence, it is essential that you rely on lawyers who are experienced in this area of law. Whether you are a victim making allegations of abuse, or whether you are facing allegations of committing violence it is essential that you leave the matter in the hands of the attorneys. This is because you will be too emotionally invested in the process, and you may end up doing something rash or impulsive which weakens your arguments and causes you to lose the case.
Choosing The Best Attorneys and Lawyers in Downey, California
By: RW Goldberg
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