Home » Posts tagged 'domestic violence'
Tag Archives: domestic violence
How to Spot Domestic Violence
Domestic violence takes many forms, and it can affect anyone. Abuse can be physical, emotional, or sexual. Victims can often be difficult to spot because they may not act like victims.
Domestic violence is a complex issue that must be addressed on several fronts. One thing that can have a significant impact is changing social attitudes. Visit https://aamericanbailbonds.com to learn more.
If you’re arrested for domestic violence, the bail process is typically a lot more complicated than with other offenses. The alleged victim may require restraining orders, which significantly limits the accused’s freedom while they await trial. Additionally, the charges might be a misdemeanor or felony depending on the severity of the case. The resulting penalties can be significant, including fines, probation, and even jail time.
A reputable bail bond company will be able to help you post bond as soon as possible, providing financial relief and enabling you to continue to prepare your defense while out of jail. A bail agent will charge you a non-refundable fee of 8-15% of the total bail amount in order to cover the cost of posting the bond. In cases of domestic violence, a bail agent will work closely with you to ensure that you understand any restraining orders and other conditions that are set by the court. Failure to comply with these terms could result in the immediate revocation of bail and incarceration until your trial date.
Bail bonds companies understand that being arrested for domestic violence is a stressful experience, both for the accused and their family. They provide compassionate customer service that is available round-the-clock, providing the support that you need as quickly as possible. They also offer flexible payment plans that fit within your budget.
When it comes to securing bail in domestic violence cases, a strong defense is essential. Your lawyer should be able to identify inconsistencies in the accuser’s story, gather evidence from both sides of the argument, and establish that you are not a threat to the alleged victim. A strong defense can also help you create reasonable doubt in the judge’s mind, which can improve your chances of getting released on a promise to appear or a bail bond.
No-Contact Orders
As a part of the legal proceedings following a domestic violence incident, a judge will often impose a no contact or protective order. This prohibits the alleged perpetrator from contacting the victim in any way, including direct contact (being in the same physical location) and indirect contact via phone, email or text. The defendant is also prohibited from accessing certain locations that the alleged victim frequents, such as their home, work or school.
If you are the alleged victim, it’s important that you understand how these orders can impact your relationship with the person you have accused of violence. While a no contact or protective order can help protect you, it’s also important to be aware that you could be charged with criminal contempt of court if you break the terms of the order without a valid excuse. A lawyer can explain the details of your no contact or protective order and help you comply with its terms.
Generally, no-contact or protective orders are entered at the arraignment stage of a case. However, a judge can also impose a no contact or protective order during an “ex parte” hearing if the plaintiff believes there has been a threat of violence or there is evidence of a recent domestic assault and battery. An ex parte order will be in effect until the next court date.
Once the judge or PO has entered a final restraining or no contact order, it will remain in place until it is vacated at the end of your case or when you complete any court-ordered requirements. A lawyer can help you defend against the imposition of a restraining or no contact order and can help get it lifted when appropriate.
Once the no contact or protection order has been in place for a year, it’s possible to have it dismissed if the alleged victim requests it. This may require the alleged victim to undergo an evaluation and treatment with a domestic violence treatment provider. This may include anything from a few hours of anger management counseling to a six month Moral Reconation Therapy program.
Refusal to Appear in Court
Often, victims are afraid to attend court due to concerns for their safety and the ability to leave an abusive relationship. However, attending a hearing is critical to the success of the case against their abuser. Having a firsthand account of the violence helps strengthen prosecution’s case and can help victims achieve closure.
A judge will typically grant a permanent order of protection after a hearing in which both parties have the opportunity to present evidence and witnesses. After a restraining order is granted, the defendant will be prevented from contacting or coming within a certain distance of the victim or their children. In addition, the restraining order will prevent the accused from possessing or using any type of weapon. The restraining order will remain in effect until the plaintiff files a petition to end the restraining order, which can be done at any time.
The restraining order can also include provisions to protect family members, including spouses, former spouses, persons related by blood or marriage and those who have lived together as a household in the past. Domestic violence can also occur between dating partners and co-workers. Additionally, the law recognizes that domestic violence can take many forms, including verbal assault and intimidation, destruction of personal property, threats and physical violence.
It is important that a victim of domestic violence speak to an experienced attorney immediately and consider seeking legal assistance from a domestic violence advocate, which can provide support, guidance and referrals. An advocate can assist a victim with filing the petition and help them understand the criminal justice system. Advocates can also explain the importance of appearing in court and how to request a temporary restraining order (TRO).
Victims can file a TRO by speaking with a police officer or by completing a form at the Family Part of the Chancery Division of the Superior Court at a county courthouse. The TRO can be valid for up to 30 days or until a trial date is set.
Prioritizing victims’ needs and providing supportive resources empowers them to make informed decisions that prioritize their safety and bolster their chances for justice. Keeping open lines of communication with their attorney can also ensure that they feel comfortable sharing information used for evidence, allowing them to make well-informed choices regarding temporary housing, witness protection and the building of a strong case.
Getting Help
If you are in a relationship with someone who exhibits abusive behavior, getting help is the first step toward your safety and recovery. You can seek out local domestic violence support programs or contact the national hotline to speak with an advocate for advice and assistance. Some of these programs can provide safe shelter, legal services, counseling and other supports for survivors. They may also offer educational presentations for schools, businesses or community organizations.
A variety of behaviors can constitute abuse. Verbal and emotional abuse, such as yelling in your face or putting you down, can be just as dangerous as physical abuse. Other forms of abuse include controlling access to money and vehicles, limiting communication with family or friends and monitoring phone, car and computer use. Abuse often escalates, so you should be alert for red flags. Examples of these include making threats, telling you what you can and cannot do, controlling access to children and blaming you for the abuse.
Survivors should keep a record of the abuse they experience. This could be as simple as a calendar of dates and times of abusive incidents or more extensive documents, such as text messages, voicemails and photographs. A written timeline of abuse can be useful in court and for law enforcement. It is also a good idea to make a list of all belongings in the home, including jewelry, clothing and medications that you might need to take with you when you leave the abuser’s home.
Most abused women are low-income and have little or no financial resources to support themselves when they leave their abusive partners. They can get assistance from state and federal programs, such as Supplemental Nutrition Assistance Program (SNAP) to help them buy food and obtain affordable medical care through Medicaid. Some domestic violence programs offer childcare, transportation assistance, legal aid, job training and other supports for survivors.
Survivors of intimate partner violence often experience health issues related to the trauma of their experiences. For example, they can develop irritable bowel syndrome and other chronic conditions. Many survivors report symptoms that mimic other diseases, such as depression and post-traumatic stress disorder. They should see a mental health professional who is knowledgeable about domestic violence and its consequences.