While domestic violence traditionally refers to violence committed between spouses, the legal definition now often covers people who live in the same household, including siblings, children, and the elderly, as well as those who are dating. Understanding how and when a crime is considered domestic violence is important when trying to fight any charges.
There are several forms of domestic violence. Criminal violence is the most common form and it includes physical harm such as assault, hitting, pushing, battery, sexual abuse, and stalking. While physical harm typically comes to mind in domestic violence cases, a domestic violence charge does not always mean that physical harm has occurred. Other forms of abuse include emotional abuse and financial abuse. Examples of these are name-calling, intimidation, threats, and withholding money.
It is not uncommon for domestic violence to occur habitually and to escalate into violence over time. Many times there is an ongoing threat or intimidation by one person to control the other. Sometimes the threat alone is enough to lead to arrest. While many people like to classify most abusers as men and victims as women, it is important to know that there is no profile of a typical abuser. Often an abuser is someone with low self-esteem who is quick to blame others. Many times abusers act lovingly in public but are violent behind closed doors.
A domestic violence charge is a very serious allegation. One of the best ways to avoid conviction or to get the lightest sentence possible is to hire a skilled domestic violence attorney Colorado Springs. If you are guilty, an experienced attorney can advise you on the best course of action to minimized your consequences. For instance, your domestic violence attorney in Colorado Springs can persuade the court to reduce your charges in exchange for you agreeing to participate in a treatment program, or he may convince the court that you acted in self-defense. If you have been falsely accused, a good domestic violence attorney Colorado Springs will build a strong defense and fight for your acquittal.
Because each state has different laws, a domestic violence charge may be prosecuted under civil law, criminal law, or both. A good lawyer will know the ins and outs of the law, but it is important to find one who knows the specifics of the laws in the state where the alleged abuse occurred.
Even if the domestic violence claim is false, the charge itself is almost always an indication that there are problems within a family or relationship. In addition to finding a domestic violence attorney, it may be helpful to get treatment or counseling. This can help family members who may be experiencing emotional or psychological problems, and it can even help diffuse situations which may lead to abuse in the future.
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James Newby Law
102 S. Tejon Street, Suite 1100
Colorado Springs, CO 80903