Do I Need A Domestic Violence Attorney

Domestic abuse is an unconscionable crime, but in the United States it is an occurrence that is far more common than many people would suspect. In the strictest of terms, violence is only a small portion of what constitutes domestic abuse. The term “domestic abuse” encompasses violence, threats of violence, verbal abuse and stalking or otherwise attempting to control the actions of someone in a family environment. Perhaps the most heartbreaking aspect is that so many of the victims are children. Even if they are not directly abused or neglected, children are often the silent witnesses to the abuse suffered by one parent, at the hands of the other.

The fact of the matter is that an ongoing pattern of domestic violence is often a precursor to a tragic, fatal conclusion to the situation. An outcome that could possibly be avoided with the assistance of an attorney.

Case In Point

Between September 1994, and April 1996, Maria Teresa Macias made 22 separate calls to her local sheriff regarding her physically and sexually abusive husband. These calls were soundly ignored, and her complaints were buried. On April 15, 1996, her husband shot and killed her, seriously wounded her mother, and in a final cowardly act, turned the gun on himself.

While negligence on behalf of the sheriff’s department was obviously a huge factor, this is an example of a case where a domestic abuse attorney may have been able to intervene, and change the outcome. Had Maria had the benefit of legal counsel, the sheriff would likely have been forced into action much sooner. Her husband would probably have been arrested, and she would have undoubtedly had assistance in obtaining a restraining order.

There are many free legal services available to domestic abuse victims who could not otherwise afford it. If you or someone you know is in need of assistance, you should call your local legal aid office. You can also get more information by calling the National Domestic Violence Hotline. The toll free number is: 1-800-799-SAFE (7233). Additional information and resources can also be found at the website of the American Bar Association’s Commission on Domestic Violence: http://www.abanet.org/domviol/

The Other Side of The Coin

What if you are falsely accused of domestic violence? It does happen. Spousal abuse is not only the most under reported crime; it is also among the most falsely reported.

The moment you are accused, you are handed a new identity. You are, from that point forward, known simply as “Defendant”. You are arrested, and advised of your right to remain silent. You are told by a judge, that your best course of action is to remain silent, so as not to incriminate yourself. Sage advice, but while you remain silent, your accuser, now known as “the victim”, is swearing out statements against you. The arresting officers are filling out reports that just might describe you as uncooperative (nobody wants to be arrested). Throughout this process, you have defended yourself by saying nothing. Maybe it’s time to think about a domestic abuse attorney.

If you have been charged with spousal abuse, assault, battery, or a related offense, you should seek a "domestic violence defense attorney" immediately. Whether or not you are guilty, an experienced attorney can help in limiting the damage that these charges can do to your reputation, and your life. These are serious criminal charges that can affect your family, your job, and nearly every other aspect of your life for many years.

Obviously, if you are sitting in jail, your immediate situation will be more pressing than what may lie in your future. A licensed attorney can help you file motions to remove bond conditions, and get you back into your own home; probably under supervised conditions, to allow you to collect your possessions.

Looking ahead, your lawyer will ensure that your rights are protected throughout the trial process, and that you get the best possible outcome. By knowing how to mount the proper defense, he may help you minimize or completely avoid jail time.

Without the help of a domestic violence defense lawyer, you could lose the right to see your children, or have contact with your spouse; even to discuss bills or other family matters.

Don’t Let Your Life Be Ruined By A Lie

Many lives have been destroyed by domestic violence, as well as by false claims of abuse. In an admirable attempt to save lives, many states have passed laws whereby a person may be arrested based solely upon an accusation. This provides a “cooling off period” while the couple is separated. Of course, this also means a person may spend time in jail due to an unsubstantiated claim, angrily made in a tense moment. Don’t let this happen to you. If you have been falsely accused, your domestic violence attorney can get you out of hot water, and back to your life.