There’s a growing trend of domestic abuse in the United States, and large cities like New York can see more than their fair share of abuse cases. There are people who desperately need to leave their current abusive situations, but unfortunately, many cases are being brought before the courts that are not real abuse cases.
What is Domestic Violence?
The term describes the abuse, whether mental or physical, between two people who live in the same house or share a personal relationship. This could include parent and child, roommates, same sex couples, husbands and wives or boyfriend and girlfriend living together.
Domestic Violence Accusations
There are times when the police are called to an altercation after the fact. They can’t know exactly what happened, but they have to take the call seriously. There are too many people who are actually abused, but they weren’t believed or were afraid to speak up against their abuser. The police are more likely to err on the side of caution and make an arrest.
During a heated emotional situation, feelings can get out of control. Whether it’s a contested divorce or an affair, one of the parties might level accusations against the other for revenge. These kinds of false accusations can be a nightmare to dispute.
Temporary Order of Protection
The first step in the process is usually a temporary order of protection where the accused is forced to stay away from the home as well as the work or school of the other party. This could include the children in the case too. Violating the Temporary Order of Protection can cause more charges to be piled on top of the original one.
Complications During a Case
Whether it was a mistake or not, many prosecutors are loathe to drop a domestic violence case. They might be afraid of the bad press or believe that the victim is too afraid to move forward but deserves protecting. Even if the victim wants to drop the charges, some prosecutors refuse to grant the victim’s wishes. They don’t evaluate the facts of the case individually.
Representing the Victim
In domestic abuse cases where the prosecutor isn’t listening to the victim, a lawyer can represent that person in court. While the lawyer can’t represent both the supposed victim and the alleged accuser, there’s no reason a supposed victim can’t get help. Often, keeping the spouses away from each other causes a serious financial hardship, which requires the help of a lawyer to rectify.
The Charges and Consequences
A charge of domestic violence can lead to serious problems. There’s a stigma attached to someone who is arrested for domestic violence whether they committed the crime or not. Along with the stigma is the potential of a prison sentence and fines.
Domestic violence hits many lives in New York. Family status, socioeconomic class and education have no bearing on whether someone is impacted or accused of domestic violence. Abuse is a serious problem, but there are other serious problems like false accusations and prosecutors who don’t listen to the victims. A lawyer can help the accused or the victim of domestic violence get resolution of the case.