Queens Domestic Violence Lawyers

Domestic Violence: A Critical Health Concern

Introduction

Domestic violence, according to the United States Surgeon General, is one of the top health concerns in the country. It’s considered an abusive pattern between two people who have a relationship with each other. The abuse could be between two partners who are involved in a relationship with each other or even family members who live together or who are involved in a physical or emotional dispute over time. There are several types of abuse that one can think of with domestic violence.

Types of Abuse

Physical Abuse: Anything that involves one person touching another in an unwanted fashion is typically considered physical abuse. It could be something as simple as spitting on the other person or pulling the other person’s hair. Violent behavior can lead to broken bones, severe injuries, or even death.

Sexual Abuse: This occurs when one person forces the other to take part in sexual acts. It could be in the form of marital rape or attacking sexual areas of the body. Another example would be violence that is followed by unwanted or forced sexual contact. Sexual jokes at the victim’s expense or demeaning the victim in a sexual manner also constitute as Sexual Abuse.

Emotional Abuse: When one person in the domestic relationship belittles the other or makes that person feel unwanted with name-calling or criticism, then it’s considered emotional abuse. This kind of abuse can linger for years even after it stops because it plays more on the mind than other types of abuse that could occur. Psychological abuse often falls into this category. This is when one person instills fear in the other by means of intimidation. The person might threaten to harm themselves, a family member or someone else if the victim doesn’t abide by the demands that are stated. Another issue is threats. It could be something simple as threatening to call social services or threats about killing or injuring the victim or someone that the victim knows.

Stalking: This is considered domestic violence because it often involves the unwanted attention from the defendant toward the victim. The defendant could follow the victim, make harassing phone calls or show up out of nowhere while the victim is at work or in other areas of town. Cyberstalking is a new issue that is being treated as domestic violence. It involves sending emails that are repetitive or sending messages on social media that are not wanted.

Victims and Legal Actions

There are numerous people who can be a victim of domestic violence. One usually thinks of a spouse, but it can include a parent, grandparent, child or someone who is living in the same home. Many states allow the victim to obtain some kind of protective order against the person who has committed the domestic violence. Domestic violence also includes actions that take place while someone is in a dating relationship. The violence is committed when people are in a romantic, social or intimate dating relationship. The length of time and the type of relationship are taken into consideration when charges are filed if any at all.

Potential Penalties

There are multiple types of penalties for someone who has been charged with domestic violence. They range from state to state, but most of the time, someone who has been charged with domestic violence will have some kind of restraining order issued against them. Probation is an option as well as restitution if any injuries occur or if money has been stolen from the victim. Jail time is a possibility as well according to attorneys.com. If the victim is a child, then the penalties will often be more severe than they would be if the victim is an adult. Community service, anger management classes or the termination of parental rights are possible punishments for someone who has been charged and convicted of domestic violence. Many states will only sentence someone to jail if the violence results in serious injuries or if the defendant has a lengthy criminal history. Jail time is also given more frequently if the violence involves a child.

Defenses To Domestic Violence

An attorney is usually the best option if you have been charged with domestic violence. Attorneys for Spodek Law Group and other offices in the queens area can look at the evidence presented to determine if there is anything substantial in the claims. One of the defenses that can be used is that the victim filed a charge in retaliation for something that the defendant did. Another defense is that there wasn’t a witness to the event that occurred and that it’s simply a case of what one person says against the other. An attorney could argue that the defendant was angry at something and made a mistake in saying choice words to a spouse or someone in the domestic relationship without thinking and that the defendant doesn’t have a history of this type of violence