To understand domestic violence and to know how they are charged, one should know what exactly is a domestic relationship. A relationship is considered domestic when the concerned parties have some sort of relationship with each other. It could be between spouses, between a mother and her children, father and children, children and parents and so on. When there is a relationship which can be proved in court and there is a clash among them there is domestic violence. The police should be able to identify a victim and a defendant in such cases. In the state of Michigan, two people are supposed to have a domestic relationship when they are spouses, have children between them, have blood relations, live in relationships and go for dating.
The degree of punishment received for domestic violence will vary upon the degree of injury inflicted upon the victim. The defendant can receive imprisonment and fines and usually the imprisonment period is between 90 days and 2 years; with the fines ranging from $500-$2,500. If any person is accused of being a defendant in a domestic violence case, then he has the freedom to approach a lawyer to help him get through the case.
Curiously enough, not every person accused of domestic violence is really guilty. There are people who accuse others of inflicting domestic violence just to get even with them. In such cases, an experienced lawyer can fight for such a person and get him acquitted. On the other hand, if an officer comes along and witnesses a home assault then he can take the aggressor into custody. There is the visual proof that he saw the aggressor committing a crime and the arrest is done as part of his duty. Rape also falls under domestic violence. If a spouse makes sexual advances towards a partner, especially when the latter is not ready for it and forces himself/herself then it falls under sexual assault. It can even be filed under sexual assault and battery. Sexual assault also includes forcing the victim to watch adult movies against the person’s interest and demanding the victim to wear sexually revealing dresses.
In fact, domestic violence can be termed under physical abuse, emotional abuse and sexual abuse. Physical abuse doesn’t necessarily mean that the accused physically harmed the victim. It includes locking the person out of his/her home, denying medicines or help when the person fell ill, abandoning in dangerous circumstances and so on. Even if the guilty hadn’t touched the victim’s body or touched something close to the victim, there is physical abuse. If the guilty served an indirect threat to the victim, then it is emotional abuse. Threatening could come in any forms and will work against the guilty if the case ever comes to court.
How an experienced lawyer helps a falsely accused person
Approaching a dedicated lawyer will help a falsely accused person. If the accused is guilty of domestic violence then he can actually go for a plea bargain. A plea bargain happens when the guilty is ready to accept some of the charges he is framed against. This way he can be let off on a lesser charge. Several prosecutors would like the case to go this way because they are able to elicit a guilty plea. Most of them prefer to solve the cases before they ever get to court. The accused person’s lawyer will help the guilty person get the best out of the options put forward to him. Enlisting the help of a lawyer immediately will help the accused solve the case as soon as possible, especially if it is an erroneous charge. There are certain instances when a prosecutor delays a case, but often the intervention of a competent lawyer will help prevent that.