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Domestic Violence Questions

What is domestic violence?

Domestic violence, domestic abuse, spousal abuse, battering, family violence, and intimate partner violence is when a person has a pattern of violent behavior exhibited by one partner against another if there is an intimate relationship. These intimate relationships can be a marriage, dating, family, or cohabitation. The violence can be defined as physical violence, aggression, assault, or threats of sexual abuse, emotional abuse, controlling behavior, domineering behavior, intimidation, stalking, neglect, and economic deprivation. Read below where Experts have answered many questions pertaining to domestic violence.

If a person is a victim of spousal domestic violence, would the victim need to get a lawyer to go to court?

The victim generally would not need to retain an attorney since they are not the ones that are facing charges of domestic violence. The victim would be considered a witness to the crime and unless the victim was being charged, then they would need an attorney then, but if they are only a witness or victim, then they would not need an attorney.

If a person’s significant other was charged with domestic violence for threatening an ex who was stalking them, how can they get the charges dropped?

The person would need to hire an attorney and try to prove that they were only acting in regards to the harassing of the ex. If the person can show proof through police reports or witness, then he/she would be able to show the court that they were only acting out of frustration and not with any intention to cause harm.

If a person was arrested for domestic violence for accidently hitting their child during a fight with someone else, what can the person do to get the charges dropped since the child refused to sign a complaint when the accident happened?

In most cases when a person is accidently hit while a fight is going on, then the intent of the domestic violence is transferred to that person. When it comes to domestic violence cases, the only person that can drop the charges against any person is the District Attorney (DA). The person would need to look into getting an attorney to negotiate with the DA and try to gain a dismissal that way and if the person can prove that the other person was not defending themselves, then the person may be able to gain charges against them since the child was hit in the middle of a fight.

How can a person drop a domestic violence charge against another person and can this be done before the court date?

In most cases, once a charge of domestic violence is entered, then the person who filed the charges is no longer considered to be able to drop the charges since the state takes over the rights. The DA is the only one that can decide of the charges can be dropped or not. If the person wanted to recant their original charge, then they would need to seek the help of an attorney so that they can make sure that no charges of filing a false police report is able to be pressed.

What is domestic violence?

Domestic violence, domestic abuse, spousal abuse, battering, family violence, and intimate partner violence is when a person has a pattern of violent behavior exhibited by one partner against another if there is an intimate relationship. These intimate relationships can be a marriage, dating, family, or cohabitation. The violence can be defined as physical violence, aggression, assault, or threats of sexual abuse, emotional abuse, controlling behavior, domineering behavior, intimidation, stalking, neglect, and economic deprivation. Read below where Experts have answered many questions pertaining to domestic violence.

If a person is a victim of spousal domestic violence, would the victim need to get a lawyer to go to court?

The victim generally would not need to retain an attorney since they are not the ones that are facing charges of domestic violence. The victim would be considered a witness to the crime and unless the victim was being charged, then they would need an attorney then, but if they are only a witness or victim, then they would not need an attorney.

If a person’s significant other was charged with domestic violence for threatening an ex who was stalking them, how can they get the charges dropped?

The person would need to hire an attorney and try to prove that they were only acting in regards to the harassing of the ex. If the person can show proof through police reports or witness, then he/she would be able to show the court that they were only acting out of frustration and not with any intention to cause harm.

If a person was arrested for domestic violence for accidently hitting their child during a fight with someone else, what can the person do to get the charges dropped since the child refused to sign a complaint when the accident happened?

In most cases when a person is accidently hit while a fight is going on, then the intent of the domestic violence is transferred to that person. When it comes to domestic violence cases, the only person that can drop the charges against any person is the District Attorney (DA). The person would need to look into getting an attorney to negotiate with the DA and try to gain a dismissal that way and if the person can prove that the other person was not defending themselves, then the person may be able to gain charges against them since the child was hit in the middle of a fight.

How can a person drop a domestic violence charge against another person and can this be done before the court date?

In most cases, once a charge of domestic violence is entered, then the person who filed the charges is no longer considered to be able to drop the charges since the state takes over the rights. The DA is the only one that can decide of the charges can be dropped or not. If the person wanted to recant their original charge, then they would need to seek the help of an attorney so that they can make sure that no charges of filing a false police report is able to be pressed.

Domestic violence is a crime that affects a lot of families and relationships. When a victim of domestic violence is pressing charges or want to recant their charges, they may have questions regarding how to press or recant charges, what laws domestic violence falls under, how the victim is suppose to proceed, or what procedures the victim need to follow to make sure the domestic violence does not happen again. When these questions and concerns arise, then the person would need to seek answers from an Expert.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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3 Lawyers are Online Now

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