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Published on November 4th, 2013 | by Daniel Perlman


Legal Authority in Domestic Violence Situations

State or local laws may mandate a certain course of action for domestic violence situations

Domestic violence charges strikes at the heart of any family situation. Circumstances that spin out of control may occur between spouses or other family members and lead to unintended consequences. A call to the police may be an immediate answer to the current situation, but police involvement may lead to incarceration that neither party in the dispute desires. The alleged victim does not have the ability to “not press charges”, as is the general perception of a lot of people. State or local laws may mandate a certain course of action that must be followed by the police.

Domestic violence has been defined as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over the other partner. Domestic abuse, also known as spousal abuse, occurs when one person in an intimate relationship or marriage tries to dominate and control the other person. Domestic abuse that includes physical violence elevates to the level of domestic violence.

Domestic violence occurs when the abuser in a relationship seeks to gain and maintain total control over the abused. An abuser doesn’t treat others with fundamental respect. Abusers use fear, guilt, shame, and intimidation to control their victim and keep them “in line”. An abuser may also threaten, bully, or physically injure the victim or persons close to the victim.

Domestic violence can occur to people from all walks of life, irregardless of race, age, sexual orientation, religion, or gender. Income, education, or social standing has little connection to occurrences of domestic violence. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, or just dating.

A person charged with domestic violence may face a variety of possible consequences. Conviction of a domestic violence charge may result in mandated marital counseling, anger management or alcohol classes, restraining orders and stay away orders. These consequences may be ongoing, even in cases where the parties involved have resolved their differences. They can affect personal and professional lives with negative consequences, especially if you are faced with incarceration. If these charges are filed as felonies as opposed to misdemeanors, they create the possibility of the defendant being sent to either county jail or state prison.

The District Attorney’s Office diligently prosecutes domestic violence cases

The District Attorney’s Office considers the stopping the domestic violence cycle as a major priority. This priority is manifested in diligent prosecution of family violence crimes. The district attorney is the only party that has jurisdiction over the legal situation surrounding accusations of domestic violence and has sole authority to press charges.

Daniel R. Perlman
The Law Offices of Daniel R. Perlman

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