domestic abuse - The Justice Firm

Telltale Signs of Domestic Abuse and Getting Help

The Justice Firm — Thu, 09 Dec 2021 15:33:25 GMT

Domestic violence is a complex crime that often consists of smaller acts that appear to be less serious and benign. But studies show that these acts become more frequent and violent. Domestic violence doesn’t always start out as physical abuse, it starts as a little act of intimidation, and almost always involves the use of social isolation. The violence ramps up once the victim has been cut off from their support system.

Signs of Domestic Violence

The biggest red flag is fear. The victim is scared to say what they really think, or are fearful of refusing intimacy. There is no room for fear and intimidation in any healthy relationship.

Common signs of domestic violence include:

Blaming the partner for abusing them
Accusing them of having an affair
Criticizing them for their behavior
Dictating what they should and shouldn’t wear
Threatening to kill the victim or someone they care about
Throwing things randomly, punching the walls, and acting in a violent manner
Yelling at the victim to make them feel small

Victims being physically abused will have visible markings of injuries all around their bodies. These patterns are only possible if they are being choked, punched, or knocked around. The victim will often try to downplay the severity of their injuries and will have a poor explanation for them.

Obvious indications of physical abuse include:

Black and blue marks on the arm
Bruised lips
Wrist sprain because it was twisted or bent out of shape
Red marks around the neck
Bruising around the eye consistent with a punch

The victim will often try to cover the obvious signs of domestic abuse with accessories. For example, they may wear scarves or long sleeves when it is not customary to do so. They may wear heavier makeup or hide the bruises around their eyes with sunglasses.

Domestic Abuse Causes a Shift in Behavior

Victims exposed to domestic abuse are likely to develop behavioral problems. For example, an otherwise cheerful and outgoing person will become more quiet and distant from their social circles. This is a major red flag that points toward domestic abuse.

Victims will become:

Reserved and withdrawn
Isolated from their social circle
Cancel meetings at the last minute
Is late for work and other appointments

The Risk of Domestic Abuse

Domestic violence can take any forms including psychological, physical, financial, emotional, and sexual abuse. Although it can affect anyone in the community, the majority of victims are women and children. On the other hand, the majority of perpetrators are male, while there have been exceptions.

The risk of domestic abuse is greater when the relationship is at its breaking point. Other risk factors include substance abuse, addiction to alcohol, pregnancy, and mental illness.

The Cycle of Domestic Abuse

The cycle of domestic abuse involves different phases. It starts when there is friction between the couple and involves either verbal or emotional abuse from one partner (in most cases). The behavior worsens progressively and the person being abused may start to get more careful around the perpetrator.

Then comes the escalation part, where things escalate to the point of violence.,

It is common for the perpetrator to feel remorseful or ashamed of their behavior. They may try to justify it. The abuser will genuinely seek to rectify their behavior and be more considerate towards their victim. Unbeknownst to both the abuser and abused, the couple enters a honeymoon phase where things appear to get better.

However, there is a very high likelihood of the cycle starting over – from friction to escalation to actual cases of violence.

What Can I Do if I’m in an Abusive Relationship?

The best thing you, or anyone else who is being abused, can do is to leave the relationship. In case of immediate threat, call 911. It is important to prioritize self-preservation above everything else. Talk to the police and someone you trust, whether it’s a family member or friend. Then come up with a plan to leave the relationship.

If it is safe enough to confront the abuser, let them know their behavior is unacceptable and inform them of your decision to leave. In case the abuser decides to not respect your boundaries, call for help right away.

You are not at fault and you are not alone. But you have to take actionable steps to put more distance between yourself and the abuser.

If you would like to take your case to court, call a California Domestic Violence Attorney with experience in domestic abuse on how best to proceed. If you are accused of domestic violence, contact our criminal defense lawyers who have years of legal experience in navigating this complex landscape. Click here for Free Consultation.

DOMESTIC VIOLENCE IN LOS ANGELES (PREVENTING A FILED CASE)

The Justice Firm — Tue, 30 Jun 2020 19:52:45 GMT

DOMESTIC VIOLENCE IN LOS ANGELES (PREVENTING A FILED CASE)

With the recent Covid-19 (Coronavirus) pandemic, tensions are higher than ever. Quarantine, loss of work, social isolation, and all other stressors have created a perfect storm for emotional escalations. Some of these even turning physical. This has meant that domestic violence incidents have risen during the pandemic.

Though law enforcement responds to every call, not every call is a legitimate instance of domestic violence. We know that many times calls are placed with the intention of reducing an escalation; however, law enforcement is quick to jump to conclusions. Most of the time they view these calls as legitimate and these situation as instances of domestic violence. That is when then conduct an arrest.

Remember, an alleged victim cannot simply decide to drop charges. Once an investigation is in the hands of the police or sheriffs, it becomes their obligation to pursue the investigation to close and turn over the file to a prosecutor for filing consideration. The prosecutor is then who decides to file charges.

It is critical at every step of the way to intercept a filing and make your defense heard. We have been successful preventing charges from being filed by the prosecutor by making your voice and position a part of the file. Otherwise, the prosecutor has only the police reports to go by. What About My Defense Before I Appear In Court?

Domestic violence charges can be filed in various ways. Most of these charges are wobblers, meaning they can the filed as felonies or misdemeanors. A felony penalty can be devastating and carry serious consequences. As can a misdemeanor. Leaving your defense in the hands of law enforcement, the prosecutor, or a public defender is never wise. A public defender will not be assigned until the case has been filed. This means you have essentially no defense during that crucial early phase of the investigation and prosecutor review.

Having your attorney work up your case pre-file (this means before it is filed and you appear in court) is an opportunity you cannot miss. Your attorney will work aggressively at preventing charges, reducing the charges (in charge type or from a felony to a misdemeanor), and laying the foundation for your entire case defense. This will result in you being as well prepared as possible to minimize the consequences of a criminal case.

What Do I Do Now?

If you or a relative or friend is currently in custody, has recently been arrested, or is facing a domestic violence investigation or case; you must seek professional counsel. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience making pre-filing domestic violence intervention and resolving these cases successfully. Remember, you cannot leave your defense up to fate or the parties that are trying to convict you. Contact us now for a Free Consultation.

Accused of Domestic Violence in LA or Surrounding Areas? Possible Defenses

The Justice Firm — Sun, 26 May 2019 13:22:55 GMT

Domestic violence, also referred to as domestic abuse, comes in many forms and may leave those accused facing criminal charges. Depending on how serious the incident was and other factors, you may be charged with a misdemeanor or felony offense. Misdemeanor charges are generally less serious than felony charges and result in penalties/punishment that is less harsh than with a felony conviction.

It is a crime under California’s domestic violence laws to harm, or threaten to harm a spouse, fellow parent, cohabitant, intimate partner, or even someone you are dating/have dated. Unfortunately, many people who are completely innocent are accused of domestic abuse every day. Even worse, if you are found guilty or “convicted” of domestic violence it can impact your reputation, family relationships, even your freedom. A criminal record is something you don’t want hanging over your head.

If you are convicted on domestic violence charges, other consequences may include payment of restitution to the victim, fines, loss of child custody rights, mandatory participation in domestic violence classes, jail time, and immigration consequences if you are not a citizen of the U.S.

What are some of the most common defenses used in domestic violence cases? Some include:

The alleged victim falsely accused you Your (the defendant’s) actions are not what caused the injuries It was an accident You (the defendant) were acting in defense of yourself or another person

Domestic violence is defined under California Penal Code 13700 as abuse committed against an intimate partner. An individual commits “abuse” when he or she intentionally or recklessly uses physical force against an intimate partner, or even threatens to use force. Even if an injury is as minor as a small scratch, responding officers must make an arrest. It is easy for a minor disagreement to escalate into a full-blown argument and in the end, it is often a case of “he said, she said.” The alleged victim may have been the one to first make threats of harm, but you may be the one facing charges in the end. You can easily see how the wrong person could be accused of domestic abuse.

There are a lot of “what ifs” and “buts” when it comes to domestic violence and depending on the circumstances, the criminal charges could be extremely serious – especially if you have a prior criminal record or conviction. The best thing you can do to protect your legal rights and freedom is to work with an experienced Los Angeles domestic violence defense attorney. Depending on the facts of your case it may be possible to have charges dismissed, or felony charges reduced to a less serious misdemeanor offense. It’s easy to find yourself the “fall guy” or gal – don’t let false allegations ruin your future.