Domestic violence can be considered as any act of violence from a member of a group formed by either romantic or filial relationship. In the light of the above definition any combats happening between father, mother, family members, girlfriend or boyfriend will come under the purview of domestic violence. Such violence taking place in domestic setting like marriage or cohabitation is often considered as intimate violence among partners who are engaged in intimate relationship. Economic, religious, reproductive, emotional, verbal, physical, sexual etc are some of the sub categories of domestic violence. An experienced domestic violence lawyer will be very much helpful in solacing the victim of the family violence and getting compensated for the sufferings by way of judgment from appropriate courts.
Domestic violence lawyer
A criminal defense lawyer will conduct significant examination to find out the real facts that lead to the domestic violence, the type of relationship and occurrence of any prior incidence to deduce evidences that can help him to save his client from sever punishments as the convicted in domestic violence cases often had to suffer severe consequences. If you loved one is facing any family violence charge, it is high time you contact a domestic violence lawyer and try to help him in every possible manner.
Relationship of the individuals
For framing charge in a domestic violence case there is a need to establish aggressive behavior between the partners in a relation who forms the victim and accused in the case. Some such relationships are:
- Current or former dating partner
- People engaged to be married or who were earlier engaged
- Former or current spouse
- Children and parents
- Former or current members in a family
Degree of violence
Different states in the US have divided family violence into different categories considering the seriousness of the violence, the probable penalties etc. First degree family violence is committed when aggravated stalking or first degree assault occurs. Second degree family violence is committed when a first degree criminal mischief and or second degree assault or third degree assault occurs. Third degree assault, reckless endangerment, criminal harassment, coercion, third degree arson etc constitute third degree family violence. In all such cases the involvement of a criminal defense lawyer will be very helpful and unavoidable for the security and safety of the accused. With the help of such a lawyer the accused gets the benefit of getting instructions regarding what to say to the investigating officer as well as the legal officers in the court were trail will be conducted.
There are significant variations in the penalties awarded according to the gravity of the offense and depending upon the state in which the violence has taken place.
- First degree domestic violence carries life time imprisonment and previous convicts must complete minimum one year in the jail for getting eligibility for earlier release based on certain recommendations.
- Second degree domestic violence culprits will get imprisonment which may extent up to 20 years.
- Individuals facing third degree family violence are liable for one year imprisonment.