Domestic Violence Law Center

Prosecutors in New York City that prosecute domestic violence cases are simply not doing enough to protect those who truly need help. Domestic violence prosecutions are a politically powerful tool used by prosecutors and politicians in order to get elected. Prosecutors will force anyone accused of domestic violence into programs and pleading guilty to lesser charges in order to increase their statistics which are compiled at the end of the year and are used to obtain more funding for their offices. More funding means more political power because you can dole out more money.

While this political game is being played, real victims of domestic violence receive little help because the resources of prosecutors are scattered to obtain as many convictions as possible. The truly innocent and truly guilty are treated the same. No real investigation is done into any case and only when a case makes the news does any actual work on the case begin. My office has handled many cases where the accused is simply innocent of the crime but prosecutors refuse to listen. It is politically easier to just keep prosecuting everyone that comes through the door than it is to do real domestic violence investigation in cases of false charges.

The way to resolve this problem is to stop using domestic violence cases as political tools to get re-elected. As a domestic violence defense attorney I have seen many cases where prosecutors are looking to get the defendant plead guilty to anything so long as they make their numbers. Meantime, real victims are hurting.

Originally published here.

As a Georgetown, DE lawyer specializing in family law at The Betts Law Firm, P. A., Dean Betts prides himself in approaching every client with honesty, integrity and steadfast dedication, whether it’s a divorce, real estate action, or domestic abuse case. Here, Betts talks about what a lawyer can do to help protect victims of domestic violence.

In my opinion, the first thing that domestic violence victims should do is to notify the police, and have the police investigate their allegations of domestic abuse or domestic violence. Typically, the next step in the process is to file a petition for Protection from Abuse, which is the name of the pleading that gets filed in the Family Court.

Family Court is set up separately from the law courts and other judiciary courts in Delaware. It is the court that handles most, if not all, of the issues involving family, divorce, custody, and protection from abuse — it is a specialized court that handles all of these issues.

Immediate Protection

First of all, a victim can actually get an Emergency Protective Order if the violence that she has alleged is serious enough to warrant the court issuing an order right away. So clients who come to us can actually get immediate protection through the Court. Often times, I will also advise clients in these situations to file what is called an ex parte Petition for Protection from Abuse. That simply means it is a petition that is filed without any input from the other side.

The court simply reviews the petitioner’s petition and affidavit and makes a determination without a hearing, and without listening to the other side, about whether the order should be issued immediately. If the Court does issue that kind of ex parte order, then it will schedule a hearing within ten days, then giving the other side an opportunity to be heard. At that hearing, the petitioner has the burden of proof to establish that the abuse has occurred. And that is what we help with.

Different Forms of Relief

We can present evidence to the court — either testimony of any eye-witnesses or police investigators, and documentary evidence, if appropriate, such as hospital or doctor’s records — to show that abuse has occurred or that injuries occurred. Then, obviously, the testimony of the parties will also be presented. The Court can issue an order of protection for up to one year if you are successful.

The Court can give you different forms of relief; the most typical is ordering the respondent not to have any contact with the victim by staying 100 yards away from the victim and the victim’s house and workplace. The Court can also issue an order granting temporary custody of any minor children, and order the respondent to pay both child and spousal support, if appropriate, to the victim during that time. Also, the Court can award temporary possession of the home to the victim without regard to how that home is titled. These are the main areas of relief available to victims of domestic violence.

If you need a lawyer who specializes in family law in Georgetown, DE, then call The Betts Law Firm, P. A. We can help do the best for you and your family if domestic abuse has occurred.

This article is for informational purposes only.  You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel.  Publication of this article and your receipt of this article does not create an attorney-client relationship.

Originally published here.

Have you ever been charged with domestic violence? These charges generally are a very severe matter. You should consider hiring a lawyer for adequate legal protection. It is far too critical to leave these legal issues to chance. An Atlanta domestic violence attorney can offer you the required assistance and advice.

Talk to your lawyer about what you might want to expect. He or she can inform you what to do. Your lawyer has expertise with these legal issues. This may be the first time that you have been facing this criminal offense. Maybe this has occurred before. In that case, this can be very necessary to have correct legal advice. Your case might go to trial. Maybe it could be best to take a plea deal. These are crucial selections to make. You must know all of your options in these matters. You could possibly be looking at a lot of time in jail.

Your attorney can do many things for you. Did you know that in some circumstances, you records can be sealed? Which means they will not be obtainable to the public. If you are a first offender, you may be able to keep your record clean. There are things that you are able to do to help your case. An experienced lawyer may also help you with all of those matters. An experienced lawyer will handle many issues for you. You should have all of the correct legal choices available to you.

Did you know that the charges against you could be lowered or dropped? It is very important know the correct legal strategies. There is not time to go to law school and learn the laws. You need someone that is aware of the legal guidelines and can assist you.

Your lawyer will explore all potential outcomes with you. For example, were all of your legal rights observed on the time of your arrest? If not, charges against you might be dropped.

You have got a right to defend yourself. If you’re within the act of self-defense, swinging on somebody is considered reasonable. If someone means you bodily harm, you might need to kick them away from you. This sort of action is just not thought of as aggression. You possibly can talk about the matter with your lawyer. He or she will know the most effective course of action to take. That is critical.

Accidents are a standard incidence at home. Often times, an argument can get way out of hand. You may throw something in anger. It may bounce off the wall and strike someone. If you don’t intend to injure someone, it might be recognized as an accident. Do you see why legal council is so important? Legal advice might be the difference between being found guilty or innocent.

Has somebody pressed charges of domestic violence against you? This isn’t to be taken lightly. It’s a serious issue. It may mean serious jail time. Do not leave things like this to chance. Contemplate the best legal advice which you can obtain. There are many elements of the law that you may be unaware of. Your lawyer will explore all legal options with you. It will insure the best outcome to your case. An Atlanta domestic violence attorney will work with you when you face these charges.

Originally published here.