Domestic violence charges are extremely serious, and if you have been arrested for this crime you should not waste any time before getting some competent professional legal advice. Unfairly or not, law enforcement may view the alleged victim of this abuse with more sympathy than is warranted in all cases. One thing is almost certain, when the police are called to a domestic situation, someone is very likely to be arrested. When that someone is you, and you did nothing to cause the arrest, you may be justifiably concerned, so read on to learn more about getting justice for those charges.
Exactly who are the people involved in these domestic violence situations?
Many people only have a vague idea of what this term means, and most people just naturally associate it with violence between a man and woman who are in some type of relationship. This is only part of the definition, however. The parties can be related it not, but they must either currently live with each other or have lived with each other in the past. The relationship does not need to have a romantic component, roommates can be involved in domestic violence situations and even children can be the perpetrator or victim.
You may have spouses, ex-spouses, domestic partners, roommates, friends who are temporarily staying in your home, and more involved in domestic violence situations. It's important to point out that there is one exception to the requirement of living together currently or past, and that is when two people who have a child in common are involved. Even if you have never resided in the same home as the other parent of your child, you will come under the domestic violence umbrella.
What constitutes violence?
The answer is somewhat self-explanatory, although many people may not realize that even the most minor of scratches can be construed as being a violent act. Any striking, choking, pushing, biting, scratching or other assaults are considered violent acts, as well as sexual assaults between people with domestic relationships. In some states, charges may be enhanced if a minor child is witness to the act.
False complaints of domestic violence
Make no mistake about it, people suffer from domestic violence everyday and in some cases this abuse leads to serious injuries and even death. Unfortunately, there exists the potential for these charges to be falsified, leading to innocent people being arrested on the merest of suspicions. If you have been falsely accused of this serious offense, you will need to act quickly to defend yourself. Talk to a criminal law attorney, like one from Villarini & Henry LLP, right away so that a case can be made to prove that those allegations of abuse are wrong.