Domestic violence doesn't always take place between two spouses. The law defines domestic violence as disputes between any family members or two people in a relationship. Whatever the case may be, the common misconceptions happen all too often. Many times people shake their heads and ask, why didn't she/he just leave? The truth of the matter is, when violence in the home or relationship takes place the abuser is often not mentally stable, is manipulative, or both. Getting up and leaving, if not done with the proper planning and help, can make the situation much more dangerous, if not deadly. However, often times domestic violence charges can be handed out inaccurately, which can lead to a whole host of problems for the accused.
Domestic Violence can come in the form of physical, sexual, emotional or psychological abuse of family members or romantic partners. Penalties for domestic violence charges are serious and are dependent on a number of factors. These factors can include the severity of the act, if other offenses have occurred, or whether injuries are involved. Penalties can range from probation, counseling or community service for first-time offenders to significant fines and jail time for repeat offenders.
Domestic violence is a serious offense and can have devastating consequences for both the victim and the accused. Understandably, there are many programs available to the victim such as the Center Against Sexual and Family Violence in Texas. However, there are far fewer programs to help those accused of the abuse to deal with the mental, physical and financial strain allegations put on them and their families.
While violence against a spouse or intimate partner is never okay, domestic violence allegations can arise within a variety of complicated circumstances. What appears to be evidence of domestic violence under one explanation may appear to be something else by another explanation.
In our last post, we began speaking about the importance of working with an experienced criminal defense attorney when one is faced with accusations of domestic violence. As we noted, the consequences of such allegations can be significant, particularly with respect to custody proceedings, and can have a negative impact even if charges end up being dropped.
Domestic violence is not a very popular subject to be on the defensive about. Most media coverage of domestic violence-related issues is told from the perspective of and with sympathy for victims, and there isn’t much talk about the issues from the perspective of the accused. The reality is that for those who have been accused of domestic violence, public opinion will almost certainly be against them.
In our last post, we began speaking about the expunction process. As we noted, only certain offenses are eligible for expunction, and offenders must meet certain requirements as well. For one thing, an applicant for expunction must not have received deferred adjudication or probation. Neither will expunction be granted to applicants who have been convicted of a felony within five years of the arrest for which he or she is seeking expunction.
Texas readers may remember that Dallas Cowboys defensive end Greg Hardy was charged with domestic last year in connection with an incident involving an ex-girlfriend. Hardy was later found guilty of assault and making death threats, but he later appealed that ruling. The convictions were later dismissed when the ex-girlfriend refused to cooperate with the district attorney’s office, apparently following a civil settlement with Hardy.
In our last post, we wrote about a recent case near San Antonio in which an unarmed man was shot to death by two police officers after seemingly surrendering. As we noted, there is no video footage of the seconds immediately preceding the fatal shots and the case is currently under investigation.
Law enforcement agencies say that domestic violence calls are among the most risky jobs they deal with. Officers are aware of this fact and are prepared to deal with the worst when responding to domestic violence incidents. Unfortunately, the way police officers handle these potentially dangerous incidents can result in unnecessary casualties.