How a Criminal Defence Lawyer Can Help You Navigate Domestic Assault Charges

Domestic violence is one of the most complex and sensitive topics that our country’s judicial system has to handle, and such incidents appear to be on the rise. Anyone who has dealt with domestic violence accusations understands how unpleasant the situation is for all parties involved.

Domestic violence is a serious charge, but many people don’t understand how domestic violence charges in Parramatta works. This can lead to people filing accusations in the heat of the moment, not fully comprehending the effects.

Moreover, for people who are accused of a severe crime by a loved one, the situation may be unsettling and disorienting – bewildered and upset, they may complicate their situation by seeking to reconcile with their partner.

This is why it is critical to understand what to do if you are charged with domestic violence and to get the services of a reputable Parramatta criminal lawyer who can assist them in navigating these charges.

Domestic Assault in the Parramatta Legal System

While we often equate assault with physical violence, a threat of violence, whether verbal or nonverbal, is also constituted assault. Therefore, even if you did not touch the plaintiff, you might be held guilty of assault.

Domestic assault accusations are considered zero-tolerance offences, which means that the authorities do not need any proof that the crime was undertaken in order to file charges – the accused victim’s word is all that is required.

This is one of the complexities of domestic assault: as soon as one partner contacts the police and requests for the charges to be laid, the accused party is taken into custody. In most situations, a restraining order is issued during the bail hearing, which indicates that the accused is no longer permitted to contact the alleged victim.

One of the most common misconceptions people facing domestic violence charges make is believing that if they simply reach out to their partners and apologise, they will be able to reconcile. But, unfortunately, this generally worsens the situation.

What Should You Do If Charged with Domestic Assault?

When facing domestic violence accusations — or any criminal charges, for that matter — the first thing you should do is contact a reputable criminal defence lawyer who can defend you during your bail hearing.

A bail hearing is intended to evaluate whether or not you are a risk to the community, and if the judge presiding over the hearing determines that you are likely to commit additional offences, you will be detained pending trial.

Domestic violence defendants are naturally seen as high risk; thus, obtaining bail will be more challenging. In addition, if you are denied bail, you will have to wait for your trial in prison, jeopardizing your ability to maintain your employment and exacerbating the social stigma associated with domestic abuse accusations.

A criminal defence lawyer can also focus on providing you with emotional support and guidance, as well as help you discover the options that are available for your defence, so hiring a domestic assault lawyer in Parramatta to represent you at your court appearance is a crucial first step toward clearing your name and putting the whole irritating episode behind you.

How a criminal defence lawyer help you with domestic violence charges

If you are innocent of any or all of the allegations filed against you, hiring a domestic violence lawyer to defend the case on your side becomes even more important.

Working with a criminal defence attorney is the most effective approach to clear your name and build a strong case. How might criminal attorneys assist in domestic violence cases?

STOP DEFENDANTS FROM INCRIMINATING THEMSELVES

As you are likely aware, everything you say or do may and will be used against you in a court of law. As a result, rather than assisting yourself, you may be providing police officers reasons to arrest you by quietly answering their inquiries.

Domestic violence attorneys will defend you throughout police interrogations; you never know how lawyers or the police themselves may twist your statements.

FIGHT FOR THE CHARGES AGAINST CLIENTS TO BE DROPPED

One of the first actions a criminal defence lawyer does is to fight for the charges of domestic violence to be dismissed. If prosecutors opt to bring the case to court, they can petition to dismiss the charges based on a breach of their rights or a lack of convincing evidence.

In addition, if there is sufficient proof that the acts were justified in the circumstances, the courts may accept that the crime was done in self-defence.

COLLECT ALL NECESSARY INFORMATIONS AND STATEMENTS TO ASSIST DEFENDANTS.

A criminal lawyer is better equipped to get the required evidence and witness testimonies to help establish a defendant’s case. Witnesses may worry about their personal safety if they speak publicly.

However, speaking with a criminal defence lawyer can assist in easing your concerns. As a consequence, they will have no difficulty delivering the testimony required to assist clear your case.

BUILD A STRONG DEFENSE

If the domestic violence case against you is proceeding, criminal lawyers will go through your present status and explain your alternatives.

They will also be open and honest about the anticipated outcome of your trial. Your domestic violence lawyer will also go through the potential implications of a conviction with you. Finally, when defending you at trial, they will strive for the best possible conclusion for your case by building a solid defence.

Final Words

Criminal law is a complicated aspect of the judicial system, and numerous mitigating factors are considered when choosing how to seek bail, proceed with a defence, or lessen your penalty. Anyone facing criminal charges or seeking bail in Parramatta or the neighbouring Sydney suburbs should get assistance from one of our expert criminal defence lawyers. Parramatta criminal lawyers will be able to clarify all of your choices and present your case in court in the best possible light. We represent people facing a wide range of criminal accusations, including sexual assault, domestic violence, drunk driving, and other offences.

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Types of Domestic Violence – Signs and What You Can Do

Domestic violence, often known as family violence, is defined as any aggressive, abusive, or threatening behavior in a relationship. Domestic violence can take various forms, including emotional, physical, social, economic, spiritual, and physical assault.

It might be difficult to accept that you are in domestic abuse, especially if you have not suffered any overt physical abuse. You may have doubts about your experiences, be waiting for change, believe it was a ‘one-time’ incident, or be too afraid to leave.

However frightening it may appear, speaking out about your experiences is both courageous and necessary. Silence might imply that your companion is still putting you and your family in danger. Brisbane Domestic Violence Lawyers can help

What is Domestic violence?

Domestic violence, often known as family violence, is a behavior pattern in which one person attempts to try to dominate another. Domestic violence is a premeditated crime that is rarely isolated. The frequency and degree of violence tend to grow over time. Physical violence, verbal harassment, sexual assault, emotional abuse, social abuse and separation, economic exploitation, spiritual abuse, or stalking are all examples of family violence.

Many times, perpetrators will wrongly blame individuals for the violence instead of accepting responsibility for their actions.

What are the various types of domestic violence and abuse?

Domestic and family violence may not necessarily include physical assault. It frequently involves many forms of dangerous behavior. Knowing the warning signs can help you recognize abuse and take necessary actions to intervene or seek help. Domestic and family violence can take many forms, including:

Emotional abuse

Emotional abuse is often undetected, yet it may be quite harmful. Someone who is mentally abusive to you attempts to erode your sense of self-worth and freedom.

Sexual abuse

Rape, sexual assault, and a wide variety of other unwelcome sexual behaviors used by perpetrators to control their victims are all covered by the phrase “sexual abuse.”

Social abuse

When someone criticizes or embarrasses you in front of other people, isolates you from family members and friends, or restricts what you do and where you go, this is referred to as social, domestic abuse.

Financial abuse

Domestic abuse occurs when someone close to you manages your finances and access to funds and keeps you financially reliant on them so that you always have to beg them for money.

Spiritual abuse

Spiritual, domestic abuse is stopping you from expressing your faiths, cultural beliefs, and values. It may also entail making you doubt your spiritual beliefs to make you feel helpless. Spiritual abuse includes attempting to induce guilt as well as prohibiting someone from practicing their cultural or religious beliefs.

Physical abuse

If you are in a relationship where you are being wounded or threatened, it is critical to understand that you do not have to stay and that you do not have to deal with it alone.

Indicators of an Abusive Relationship

It is not always evident whether you are in an abusive situation. It is typical for someone who is being mistreated to feel that the abuse is their fault and that they somehow ‘owe’ it. Keep in mind that you are never to blame for how an abusive individual treats you.

Without physical abuse, a relationship might be aggressive and abusive. It might encompass mental, sexual, and physical abuse, as well as financial control.

Here are some warning signals to look out for.

Possessiveness.

  • They constantly check in on you to see where you are, what you’ve been doing, and who you’re meeting.
  • They attempt to control where you can go and who you see, and if you don’t do what they want, they become angry.
  • They are continuously sending text messages and would like to know what you are doing at all times.

Jealousy.

  • They accuse you of infidelity or flirting.
  • They cut you off from family members and friends frequently by behaving aggressively toward them.

Put-downs.

  • They make fun of your Level of intelligence, looks, beliefs, mental health, or talents, either publically or privately.
  • They are constantly comparing you negatively to others.
  • They blame you for all of your marriage or relationship difficulties, as well as their violent tendencies.
  • They make statements like, ‘No one else will desire you.’

Threats.

  • They sulk or shout, and they purposefully damage items that you cherish.
  • They threaten you, your relatives, friends, or your pet with violence.

Physical and sexual abuse

  • They force, shove, hit, or hold you, force you to have sex, or force you to do things you wouldn’t want to do.
  • They endanger you, your families, or your pets.

How can you protect yourself?

An abuser may attempt to exert control over you by downplaying the gravity of what they are doing to you. As a consequence, it’s all too easy to underestimate the level of risk you’re in. If you believe you are being mistreated, you must defend yourself from danger. You are never required to accomplish this alone. You must have help.

Reach out if you are in danger of family or domestic abuse but are unclear what to do. There are professionals available to walk you through the following steps and the safest way to depart. Call 1800Respect when it is safe to do so (1800 737 732). This is a nationwide sexual assault and domestic family violence counseling service for those who have experienced or are at risk of experiencing sexual or domestic abuse. It also helps their families and friends, as well as frontline workers and professionals. It can assist you in locating specialized services and emergency lodging. It can also provide you with practical guidance and put you in touch with people who can assist you in staying safe.

If there has been domestic violence, it is critical that  Domestic Violence Lawyers in Brisbane

with considerable expertise in these situations be consulted.

Brisbane Domestic Violence Lawyers will be able to advise you on what the court may decide as potential results in your case based on your particular circumstances.

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How Do You Prepare for a Domestic Violence Case?

Six Things you Need to Know when Filing for Domestic Violence Case

The term here “domestic violence” involves all forms of abuse or threat of abuse of physical, sexual, verbal, emotional, and economic nature which can harm or cause injury to health, safety, life, etc. and that can be mental or physical. The definition also includes child sexual abuse, harassment to a woman or her relatives on demanding unlawful dowry demands, and marital rape.

If you want to file a case with family law attorneys in Long Beach, here are 6 things you need to know when filing a DOMESTIC VIOLENCE case:-

  1. Very firstly you have to file a case. After filing your request for a Domestic Violence Restraining Order, then the court will schedule a hearing in your case accordingly. While hearing, a judge will have to decide whether there is true evidence in favor of the victim. There are protective orders which a judge decides which prohibit the abuser from meeting the victim and coming to the victim for some fixed time.
  1. In case victims have minor children, then the judge orders the custody of the children to be granted exclusively to the victim to ensure children’s safety from abuse or any more abuse. If the abuser commits any domestic violence in Long Beach, the court orders the abuser to have only supervised contact with the children. A judge may order the abuser to have no contact with the children in some serious case.
  1. you must be prepared to provide the court with a true and complete problem of your relationship with the abuser, which also includes evidence of past abuses because this can be very supportive for establishing the protection of yourself and your children and this can be done successfully with the help of a family law attorney in the long beach and get justice against domestic violence.
  1. If you are planning to seek any kind of emergency support or maintenance i.e. financial support in your domestic violence case, you must test all your financial needs which include rent, child care, food, and insurance, and all the financial resources such as income and assets. You can also make a list of all your incomes and monthly expenses with the help of a family law attorney, and provide the court with all the important documents. You can also put his or her income as evidence with a copy of tax returns (if partners are joint).
  1. It is very important to choose a family law attorney or a lawyer who is specialized in this type of case especially any kind of domestic violence or issue and who is familiar with all the laws and court practices. But the most important thing is that you have to be completely true, faithful, and honest with your selected lawyer.
  1. The main important way can be here is while looking forward to helping as a victim of abuse, you must importantly consider how private your computer, phone, and social media are. If there is anything you can and would do to prevent anyone else from knowing that whether you are doing research or getting help. Some victims might use the same computer or device as the abuser or may have a phone that allows the abuser to see all the calls which are made and received. Many kinds of technology can also be used as security at home, cameras, and GPS in cars and phones can also be used to monitor by the abuser.

Domestic violence statistics are increasing. The report according to the research regarding domestic issues are the following:

  • Around 1.3 million women are victims of physical assault by her partner every year.
  • Estimated one-third of female victims are killed by their partners.
  • According to the research approximately 70-80% of the man have physically abused the woman before their murder
  • This increasing physical and can be family violence which results in more than 18.5 million mental health issues with every passing year.
  • According to the research, family law attorneys have seen that 85% of domestic violence victims are women of society.

Domestic violence is handled in three types of different courts:

  1. Criminal court:-

This is a court where the state will have to prosecute the abuser with the help of family law attorneys Long beach (possible crimes may include abuse of an intimate partner, abuse of elders, murder, rape, assault, kidnapping, false imprisonment, trespassing, stalking, unlawful possession or concealment of a weapon, intimidating a witness, and many of the others).

  1. Civil court:-

This is the court where you may address any kind of violation of a protection order or sue for the damages of money(possible civil laws may include sexual harassment, personal injury).

  1. Family or Divorce court:-

Family violence can directly or indirectly affect the divorce procedures and can become a major factor in limiting or prohibiting the abuser’s rights to child custody or visitation privileges which can affect the case badly.

If you are one of the victims of domestic violence or if you feel that you are in danger, you can look for any law firm or expert domestic violence attorneys in Long Beach that can help you to find a protective or restraining solution.

Conclusion

Do not completely rely upon the bits of advice of friends or family. It’s better to speak with an experienced attorney and appoint him/her as a family law attorney on long beach. These cases are sensitive and need to be carefully managed by a professional. I wish you all the luck that prevails!

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Has Domestic Violence Risen Since the Coronavirus Shutdown?

During the quarantine required by the coronavirus pandemic, people are frightened of previously innocuous activities: using public transportation, going grocery shopping, visiting with friends, even having contact with loved ones. For most of us, though, home is our safe haven. Tragically, for those who are victims of domestic violence, home, where they are cooped up with their abuser, is the most dangerous place of all.

If you are a victim of domestic violence, COVID-19 has most likely made your life more frightening while simultaneously making it more difficult to seek help because you are almost constantly under the watchful eye of the person you fear. There is still help available though, through domestic abuse hotlines, law enforcement (911) and experienced, well-connected domestic abuse attorneys who will do everything possible to protect you.

If there is more domestic violence occurring, why was there a lull in calls for help?

Even though at first fewer domestic violence calls were made during the pandemic, experts in various related fields who deal directly with the problem — police officers, psychologists, medical doctors, social workers, teachers, counselors — were well aware that fewer calls just meant victims lacked access to helplines. Family law attorneys, too, noticed an eerie, temporary pullback from troubled family members. Having abusers more in control than usual is terrifying.

The Messages are Now Getting Through — Domestic Violence is on the Rise

More and more reports of domestic violence are coming in all over the world. Victims call for help from locked bathrooms and locked cars, in the middle of the night or while walking the dog. Their friends and neighbors, relatives and teachers call in too, reporting violent behavior identified by sight or sound, and investigators are reaching out, listening to stories as familiar as they are disturbing.

Those who have dealt with victims of domestic abuse, and the victims themselves, know all too well that catastrophes, large and small, worsen this type of violence. Illustrative examples can be found in statistics gathered during and after hurricanes, floods, and other natural disasters when complaints skyrocket. New estimates from the United Nations Population Fund suggest that three months of quarantine will result in a 20 percent rise in domestic violence worldwide.

Why is domestic violence surging during the coronavirus shutdown?

There are multiple causes of the awful increase in domestic violence during quarantine and each tends to exacerbate the others:

Stress

As noted, natural disasters precipitate elevated levels of domestic violence. Coronavirus, as natural as any of the other disasters, involves the added stress of being “novel,” unknown to this population. However stressful hurricanes may be, most of us have been through them before. We know how to prepare for them and know that, as much damage as they cause, they only last for days.

No one knows the end date of the coronavirus, how it will alter our future lives or for how long. Worse, no one knows who will be personally impacted by the disease or how severely they will be affected. On top of everything else, it has been scientifically proven that stress hormones (like Cortisol) are associated with increased aggression, meaning the more stressed the abuser becomes, the more likely he/she is to become violent. 

Isolation

It is well-known that social isolation enables domestic violence. This is why abusers try hard to separate their victims from family and friends. During the pandemic, when workplaces are closed, visiting is discouraged, and even public venues are largely off-limits, abusers have the ultimate control they have always sought.

Joblessness, Financial Instability, Food Insecurity

While other disasters have affected local businesses adversely, there have not been so many unemployed people since the Great Depression. Because the catastrophe is global and many forms of transportation increase risk of contagion, relocation is not a useful option.

In addition, with tens of millions of people unemployed, many families are experiencing food insecurity for the first time. Moreover, in our culture, many men, feeling that their masculinity is threatened by their inability to support their families, turn to violence to regain their sense of power and machismo.

Alcohol

Alcohol is one of the most common elements of domestic abuse. A certain percentage of people, when disinhibited by intoxication, become increasingly belligerent. It has been noted that during this country’s period of sheltering in place, the sale of alcohol has rocketed, in some areas climbing well over 200 percent.

Guns

When faced with external terrors, a certain portion of the population looks to firearms to defend themselves against invaders. Though futile in combating disease, firearms, for some, provide a sense of increased control. Many experts predict that there will be a marked increase in domestic homicide as a result of the increased number of guns in circulation.

No Place To Turn

Not only have law enforcement, legal, and judicial systems been overwhelmed, but many responders to domestic violence complaints are now working from home and may be less accessible than they usually are. Even more distressing, shelters for victims of domestic violence have not only been filled to capacity but are often unsafe for those seeking refuge. Due to their dorm-like settings, social distancing is frequently impossible. 

Who will help you through domestic violence during the shutdown?

Dedicated professionals and volunteers have found ways to function and protect victims during the coronavirus shutdown, and law enforcers are more available to come to your aid as the COVID-19 pandemic passes its peak (at least for now). Phone calls, texts or emails will reach people who can help you learn strategies to cope, ways to escape, and safe places to go.

During this crisis, compassionate family law attorneys are also available. Skilled private lawyers who have extensive experience with this painful situation can give you guidance and hope. They can assist you in connecting with the right resources to keep and your children safe while they help you pursue legal remedies.

Andrew Nickolaou is a founding partner at Bernal-Mora & Nickolaou, P.A. He practices almost exclusively in divorce, marital and family law. Andrew also handles record expungements and sealings. Andrew and his partner, Ophelia Bernal-Mora Nickolaou, joined forces in March 2016 to form the unique and boutique husband and wife family law team at Bernal-Mora & Nickolaou, P.A. Together, Andrew and Ophelia take a practical and team-based approach to all of their cases and clients to deliver the highest quality experience and representation.