Data from the National Coalition Against Domestic Violence (NCADV) shows that every 20 individuals are physically abused by an intimate partner every minute in the US, equating to over 10 million cases in a year.
Women are often on the receiving end. On a general scale, one in every four women has been abused by their partner, compared to one in every nine men. Areas like Connecticut take domestic violence very seriously, so you do not want to face a charge without legal representation from experts such as attorneys at The Law Offices of Mark Sherman, LLC.
With that being said, let’s take a detailed look at domestic violence criminal charges and try to understand it from a legal perspective.
What Is Domestic Violence?
The United Nations’ definition of domestic violence is a pattern of abusive behavior perpetrated by one party in an intimate relationship to gain or maintain control over them.
There are several types of domestic violence, with physical abuse being one. Physical abuse involves inflicting physical pain by actions such as hitting, slapping, shoving, biting, hair pulling, strangulation, and using a weapon, among others.
Domestic violence can also be sexual, which involves one person forcing themselves onto another sexually or coercing them to engage in any form of sexual conduct against their will. Unwanted touching or using verbally demeaning sexual language can also fall under sexual abuse.
Additionally, it can be emotional or psychological. This is where the abuser uses actions such as demeaning words, criticism, blackmailing, threatening violence, and interfering in the victim’s life in a way that causes them emotional or psychological distress. Normal stalking and cyberstalking can also fall under this category.
What Happens When a Domestic Violence Accusation Is Leveled Against You?
The law requires Connecticut law enforcement officers to make an arrest after attending to a 911 call as long as they have probable cause, even when the victim does not intend to press charges. For example, if the police arrive at the scene and there is evidence of a scuffle, they will still go ahead with an arrest even if the parties involved have decided to resolve the matter amicably.
“Probable cause is a relatively low standard and is not enough to obtain a conviction on its own. Still, it can earn you a night in police custody and become the beginning of a myriad of problems, including layoffs or suspensions, as you await trial,” says attorney Mark Sherman of The Law Offices of Mark Sherman, LLC.
Penalties for a Conviction
Connecticut law doesn’t prescribe specific penalties for domestic violence. Instead, it prescribes punishment based on the underlying crime. For example, if the abuser assaulted their victim, then they will be charged with assault and receive the penalties for assault as prescribed under the law. As such, you can say that the charges you face after a domestic violence arrest can be misdemeanors or felonies, and the resulting penalties can vary widely.
Besides the criminal offenses, a conviction for domestic violence introduces a variety of challenges in the accused offender’s life. For example, it will work against you when pursuing a child custody case; it can also affect your chances of securing a job or real accommodation and leave an indelible mark on your record that affects almost every aspect of your life.
What to Do After an Arrest
Your best safeguard after an arrest for domestic violence is getting a lawyer. They cannot guarantee that you will not get a conviction, but they can significantly affect the outcomes.
This is especially true if your charges are based on false allegations. The state is legally obligated to provide you with a public defender if you cannot afford to hire one, but a private lawyer is always the best option.
Summing Up
Facing domestic violence charges can have severe legal and personal consequences, impacting every aspect of your life. Understanding the gravity of these accusations and the complex legal processes involved is crucial. Securing experienced legal representation can make a significant difference in navigating the legal system and protecting your rights. Taking action quickly can help mitigate the long-term effects and provide the best possible outcome for your case.
Source: Mark Sherman Law MS
