Family violence is terrifying and serious. The offenses that count as family violence are many and penalties are severe. Whether seeking to press charges or needing defense after receiving those charges, a family violence lawyer is the solution for legal issues.
Family violence is assault and battery, kidnapping, stalking, cyber-stalking, violating restraining orders, dissuading a witness, criminal threats, and child abuse and neglect.
While assault and battery are misdemeanors, they have a lasting impact on receiving public benefits and getting a job. Sometimes, assault does not need physical contact with a victim; it is an attempt at physical contact. Battery requires physical force but does not need to result in injury.
When assault occurs with a deadly weapon or other means of force that causes great injury, the punishment can vary depending on circumstances. It is a misdemeanor, felony, or strike offense depending on the degree of harm inflicted on the victim. Aggravated battery and assault with a deadly weapon can result in four years of state prison time or a strike.
Kidnapping is taking away or transporting any person against their will. People charged with kidnapping their own child even if the child does not object. If the other parent files charges, kidnapping penalties is incurred.
Stalking is the willful and repeated following, watching, and harassing of another person. Most of the time, people stalk in attempts to force a relationship with someone who is unwilling or unavailable. Stalking is a series of actions that take place over time.
Stalking is illegal, but the actions that give to stalking are legal. This includes gathering information, calling someone, sending gifts, emailing, or instant messaging. These actions by themselves are not abusive, but labeled as such when they are often repeated over time.
Harassment and intimidation are the criminal aspects of stalking. People accused of stalking need to hire a lawyer immediately. Under no circumstances should they contact the person who accused them of stalking even misunderstanding is often resolved.
Cyber-stalking uses the internet and other electronic means to stalk or harass people or organizations. This includes false accusations, monitoring, making threats, identity theft, damage to data or equipment, solicitation of minors for sex, or gathering information to stalk.
When a judge issues a restraining or protective order, it is a crime to intentionally violate it. A lawyer can help challenge the order validity. They can also help discover evidence demonstrating the allegations are false and help avoid harsher remedies within the judge’s discretion.
Dissuading a witness is charged as a result of seemingly harmless actions. Trying to talk someone out of calling the police or preventing someone from making a false allegation of a committed crime is considered dissuasion. This is a common accusation in domestic violence cases.
Criminal threats are often charged to defendants. These are very serious and difficult to beat. Experienced lawyers can reduce the charges, but it is better to avoid these charges entirely.
Avoid making threats of any kind, even vaguely threatening statements. Text messages and instant messaging are not private and are used against people. Creating a new social media profile or email does not mean that one can not caught.
Avoid directing abusive language at police officer and never discourage anyone from calling the police if it is unnecessary.
Criminal attorneys who deal with family violence can aid in these charges and will find resolution with the least impact on records and lives. Criminal attorneys always aim for lower sentencing so defendants can get on with their lives.