Domestic violence cases are some of the most common types of cases taken on by criminal defense attorneys. So lawyers must have vast knowledge of domestic violence law in order to have a successful practice, but it’s important for lay citizens to have a good understanding of this type of law as well.
The definition of domestic violence is an act or threat of violence between people in an intimate relationship. The violence could be intimidation, control, coercion, or punishment as well. The people in question do not have to be married in order to fall under the domestic violence umbrella, but they do have to be proven to be in an intimate relationship by the District Attorney.
There are all shapes and sizes for these types of cases that come through the office of an experienced criminal law attorney, but some of the cases show up more often than others. There is a top 5 list of allegations that most attorneys would agree are the most common cases that they receive calls about. That list is outlined below:
- Child Abuse or Child Endangerment- Involving a child in any of the types of violence explained in the second paragraph or having a child in the same area as violence against another could result in a domestic violence charge.
- Battery- This is when an injury incurred due to violence is not severe enough to warrant a felony, but instead just a misdemeanor
- Criminal Threats- Even though no physical harm is imposed through a threat, it is still illegal to threaten someone with serious harm or injury to cause fear within them.
- Corporal Injury to a Spouse or Cohabitant- This means physical violence has actually occurred and there is physical evidence to show for it (ie a bruise, or swelling). Depending on the severity, the act of violence could be charged as a felony or misdemeanor.
- Elder Abuse- Neglecting, causing physical or emotion abuse to, or financial fraud to a person over 65 years old is also considered domestic violence.
Police can make arrests for domestic violence allegations fairly liberally, so just because someone has been arrested, doesn’t mean they’re going to be charged with a crime. People who are worried about being charged, though, need to get a hold of a criminal defense attorney to ensure that they are properly protected. Without the help of a criminal defense lawyer, people are left directionless in their moment of need due to accusations against them.