By taking a look at some statistics, provided by the public institutions in the United States, you will see that domestic violence is much more common than people usually think. According to the latest reports, we can see that roughly one in seven men experiences physical violence in a relationship. But, the percentage of women that expect it is much more alarming, with one in four of them experiencing the same.
Of course, domestic violence can take many different forms. It is obvious that physical violence is the most common by far. However, other forms like verbal, psychological, and even sexual abuse are pretty common as well. The only problem with these three is that they are not always reported for a wide array of different reasons. So, having precise figures for these is somewhat problematic.
It is just one of many criminal activities, like any other you can learn about at Calvin Barry Professional Corporation. Still, its importance is somewhat higher because it occurs within families. Therefore, it tends to be much more severe. For this reason, we would like to talk about how legislation treats this problem in the United States. Without further ado, let’s take a look at the most important points.
The Basics
Even though it doesn’t look like that, domestic violence is a pretty broad topic. Usually, it is perceived as something that happens to people who are in a marriage or some similar relationship. But it also happens when violence occurs between roommates.
Besides that, it is known that the law recognizes this aspect in situations when people who used to live together have a clash of this sort. We’ve already stated that physical and psychological violence can be the condition for domestic violence.
But when you take a better look at those, it becomes obvious that there are a plethora of sub-categories, and some of them don’t require any physical contact. Therefore, you can see that many aspects can be taken into consideration when creating the frame that meets this problem.
How are These Reported?
It is important to say that reporting domestic violence usually is not done by any of the partners. Instead, chances are that neighbors can report that they hear some unpleasant noises from next door. It can even happen that a couple negates that this ever happened, and if none of them want to press charges, police cannot do anything besides leave the house.
But this is unlikely to happen. At the same time, both people may want to press charges. If that happens, then the police will need to take statements from both of them, and the case will consider other relevant aspects and clues found in the house.
By taking all of these into consideration, the police will determine which one of them is responsible for domestic violence. Naturally, they will represent these clues at the court.
False Allegations
Due to the nature of this crime, nobody should be surprised by the fact that it is taken very seriously by authorities. That’s why making a false accusation can be a reason for a severe penalty.
There are numerous reasons why someone can make this accusation, but the commonest one by far is coming ahead in a child custody case. If that’s the case, the penalty can be even more severe.
Thankfully, confirming that this has happened can be the reason for dismissing the case by the court almost immediately. In case a neighbor has reported a false domestic violence allegation, the penalties will not be nearly as severe.
When you think about it, it makes perfect sense, they cannot know what happens inside the house. It is presumed that they have the best intentions in their mind when they do it.
How is it Classified?
In a majority of cases, domestic violence will be treated as a misdemeanor assault, especially if there was no physical violence. When that happens, the person responsible for causing it can look at two months in jail, which is a maximum penalty. However, if there was any sort of physical contact in the process, then the perpetrator looks at a year in jail, which is a pretty serious penalty, as you will certainly agree.
It needs to be said that various conditions can cause the case to become much more severe. For instance, if the victim has experienced some severe bodily injuries, then the penalty can become even harder. One of the most specific cases, when a perpetrator can expect even bigger problems in the future, is attacking a pregnant female. All of these are categorized as domestic violence.
As is the case with any other felony out there, there’s a possibility of receiving a maximum sentence, which can become a part of the process, depending on the circumstances involved in the case. There are three different levels of felonies, first, second, and third-degree. For the first degree, the maximum sentence can reach thirty years. Second usually amounts to fifteen, third to five.
Since all the circumstances are taken into consideration in front of the court, it is obvious that only a handful of people have received a maximum sentence. Nevertheless, this is not something that should be treated lightly. For this reason, looking for an experienced attorney is an absolute must, especially if someone is already charged with domestic violence. A lot of negative situations can be avoided this way.
Last Words
Understanding a complex problem like domestic violence requires many different perspectives. Having just one perspective can be a cause for many problems in determining what has happened.
In this article of ours, we’ve presented you with all the relevant aspects of this case, from what causes it, what needs to happen to categorize it like this, to what sort of punishment can be expected.
Having a proper understanding of these is crucial, especially in a situation when you’re charged with it, and you do not know to defend yourself properly. Above all, consulting with an experienced attorney should be the first on your list of priorities.
