Three Answers To Common Domestic Assault Questions
It is a reality that domestic violence is a fairly common issue. While this crime can result in serious injuries and emotional harm, individuals are often poorly informed about the legal issues concerning domestic violence or how they should respond. This can lead to victims and those accused of this crime to make mistakes as they struggle to grapple with its consequences.
What Should A Person Do If They Are The Victim Of Domestic Assault?
If a person finds themselves the victim of domestic violence, it is important to appreciate that they are potentially a victim of a violent crime. One of the first steps a person should take is to assess their safety. When there is a risk of further violence, individuals should seek safety as soon as possible. Furthermore, it may be wise to notify the police so that an official report of the incident can be created, and you will be given the opportunity to formally press charges.
Is It Possible To Contest A Domestic Assault Allegation?
Sadly, there can be instances where a person may be wrongly accused of domestic assault. These false accusations can have devastating impacts on a person's life. Luckily, it is possible for a person to retain a defense attorney to help them to aggressively contest these accusations. This may involve utilizing character witnesses, expert witnesses, and cross examining the accuser under oath. The exact options for your defense will vary based on the facts surrounding the case, but most defense attorneys offer free consultations so that they can help you understand the options that are likely to be the most effective.
Are Restraining Orders Immediately Issued For Domestic Violence Victims?
One of the more common assumptions that individuals that are involved in domestic assault situations will make is that a restraining order is immediately granted after the charges are made. However, the issuance of a restraining order is not usually automatically issued. Rather, the victim and their attorney will need to petition the court for one of these orders to be issued. As part of this process, the defendant and their attorney will be able to contest the issuance of this order. After the judge has reviewed the arguments from both parties, a formal decision about the restraining order will be issued. If the order is awarded to the victim, it is essential for the defendant to comply with the order; otherwise, they may face contempt of court charges, fines, or other potentially harsh penalties.
If you are a victim of domestic assault, contact professionals like Cheryl Brown Attorney at Law for more information on how to proceed.