Domestic violence is physical forcefulness upon someone’s spouse or significant other. It involves people with whom you have a relationship and with whom you live.
Police Involvement in Domestic Assault
When police have been called to a domestic dispute, generally the result will be the arrest of one party. Police are required to interview both parties; although, it is not uncommon for them to only interview the person whom they presume is the victim, and arrest the alleged aggressor. The person who called the police is not necessarily considered the victim, and rarely the person who contacted the police is the party who is arrested. However, most of the time it is presumed that the person with the most injuries is the victim.
Our firm has had cases where, for example, a husband comes home from work and his wife accuses him of something. She is so upset that she starts hitting him. He tries to defend himself by grabbing her arms while she is hitting him. The only way that he can control her is by squeezing her arms hard leaving marks. Her slaps on his face do not leave any marks. When the police arrive, they see black and blue marks on her wrists and nothing on him, and so they arrest him, even though she was the aggressor.
From a police perspective, the marks could have been from a number of causes, and correct police procedure is to interview both sides to get a more accurate picture.
Severity of Domestic Violence Crimes
Domestic violence is a crime that should not happen. It is a crime of passion, and at times a crime of dominance. This is a highly sensitive situation and can cause ongoing mental health trauma.
It is important to understand that there is a condition called ‘battered spouse syndrome’, where the victim, male or female, feels as if it is his or her fault that the entire incident happened. They may even call the police and the prosecutor’s office and ask for their abuser to be released, blaming themselves for the attack.
Because not all cases are straightforward, we need to undertake thorough investigations. These often involve a shadow investigation parallel to the police investigation in order for us to understand what really happened and attempt to present our client in a different light.
The short and long term effects of domestic violence can be serious and cause major impact on both parties’ lives. Unfortunately, it is common for a person to be falsely accused of domestic violence in order to gain advantage in a divorce settlement. Family lawyers deal with these issues in family court, but the criminal side, the actual arrest and the determination whether that person committed domestic violence or not, is done in criminal courts. This is our firm’s forte and where we can assist a client.
Determining the Defense
Our domestic violence defense attorneys look at the victim’s statements and the statements of the witnesses to determine whether their stories add up. We question if the stories are probable, if they are logical, if they make sense, whether or not everybody behaved in these accounts the way we would expect them to behave, and if not, what the reasons for the discrepancies are.
We also need to interview eye witnesses and view video footage if it exists. Injuries will be examined by medical expert to see if they could have come from a cause other than domestic violence, and if from something else, then from what?
Example of a Domestic Violence Defense
Our attorneys represented a person who is a legal United States resident accused by his non-resident wife of domestic violence. He invited her to the United States with their child, and she came here on a visa. As soon as she arrived, literally within a month, she moved out and started living with another man.
She refused our client visitation with the child and completely cut him off. When he threatened to go to family court, she called the police and alleged that he beat her up. He was arrested, and our firm defended him. Having verified her immigration status, we discovered that apparently she had immediately filed for a battered spouse exception, something that immigration law permits one to do, and she continued to live with the boyfriend. Finally, after much research and an extensive investigation, the end result was a dismissal.
Benefit of Choosing Gurovich, Berk & Associates for Domestic Violence Cases
Due to the emotional nature of domestic violence cases and the long term ongoing effects, it is vital to recruit an attorney highly experienced in domestic violence defense. Our attorneys have over 35 combined years’ experience with domestic violence cases. They are highly trained in direct questioning in order to gain accurate answers and have many years of experience both locally and in other states across the USA.