Any threats made while owning weapons are a federal felony offense and will put future weapons ownership and permitting at risk.
The World Health Organization estimates one in three women will experience violence from a partner. The numbers are staggering and growing as COVID-19 constricts more individuals to their homes. Periods of increased stress and anxiety, combined with increased proximity to others in the home, have burdened many families and strained relationships.
It is important to understand the seriousness of domestic violence charges and how they are treated by the courts. In the event of a domestic abuse charge, the state brings the case against the accused, which means the victim does not own the charge and is not in control of the investigation or prosecution of the offender. If a victim wishes to speak about the charges or share additional information, they must call the prosecutor to give a statement.
What are the standard investigative procedures?
Safety is always the ultimate priority. Domestic calls are emotionally charged situations with many unknowns. Police will seek to ensure the safety of all individuals in the home and reduce risks. Any weapons in the home will be confiscated and eliminated from the scene.
The parties and witnesses will be separated and taken aside to describe the events that transpired. The police will collect evidence and check for injuries, ensuring medical care if necessary. If arrested, the defendant will be booked into jail. They will appear in a court setting in the next twenty-four hours, where the judge will decide if a release is granted.
The victim may decide if they wish to make a statement to the judge at this time. The judge may decide what conditions are imposed upon release, such as posting bond, forfeiting weapons, or becoming subject to a no-contact order.
The victim may opt to be notified upon the abuser’s release via a phone notification line. If the victim is required to attend court, a subpoena is sent. If a trial is held, a victim will testify in court.
Behaviors as a Predictor of Violence
Many victims do not see indicators of possible future abuse. The victim is commonly flattered and seduced with a tide of positive words and behaviors. As the relationship progresses, abusers gradually increase the level of control and influence they have in the relationship. Isolation is one common tactic. Under the guise of love and care, a partner will seek to separate someone from any form of support, including their friends, family, job, hobbies, and interests.
In its early stages, controlling behavior can be identified, and healthy boundaries can be established. However, if the relationship continues without redress, an inciting event may occur between the parties, which qualifies as domestic abuse.
According to the Law Office of Hernandez & Hamilton, PC, the type of relationship between the accused and the claimant determines if the charge qualifies as domestic abuse. If the victim and abuser are related, share a household, or had a sexual relationship, the charge qualifies as domestic abuse.
Legal Rights FAQ
Consider all information collected by law enforcement admissible in court.
It is admissible in some cases to request early exits on shared property leases. Explore this option with your landlord if the situation requires it.
General threats against any parties involved are treated especially seriously.
Any threats made while owning weapons are a federal felony offense and will put future weapons ownership and permitting at risk.
Heeding early warning signs and flagging problematic behavior patterns will help to curb rates of domestic violence and ensure domestic households are healthy.
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