Here are seven steps that lawyers can take to help their clients who are victims of domestic violence. Listen Without Judgment. Don’t judge the client who doesn’t want to leave yet. I will often say to clients or potential clients, “No one knows the abuser like their victim.” So if a client feels it is an unsafe time to go, trust their instincts.
How can a criminal defense lawyer defend someone who they think is guilty? The answer is two-fold. First, there is a difference between "legal guilt" and "factual guilt." Second, lawyers have a legal responsibility to their clients that they must uphold.
Let's assume that you've gotten yourself in a legal scuffle, you've been charged with a crime, and you've hired a lawyer to defend you. In your heart of hearts, you know you've done something wrong - but you may not be guilty of the exact crime you're being accused of. Of course, you'd rather not face the severe punishment the prosecution seeks.
While the prosecutor assigned by the district attorney’s office will sometimes have the same goals for the case as the victim (probation, jail time, restitution, etc), just as often the victim’s goals are at odds with what the state wants to do.
It may be up to the city to press criminal charges against your abuser for domestic violence, but it’s up to you to file a civil lawsuit. Filing a civil domestic violence lawsuit could result in payment for your pain and suffering, any personal injuries and medical bills, lost income, financial losses, legal fees, punitive damages, and more. You may be eligible for thousands of dollars in damages from your domestic abuser.
If you hire an attorney, your lawyer can represent you during these processes and deal with the abusive party so you don’t have to. Your attorney will be your in-court and out-of-court advocate, obtaining the correct documents and handling communications with the other side on your behalf. Hiring a domestic violence lawyer in Arizona can make the entire process easier for you and your family.
The very same day you contact a lawyer, he or she can obtain an immediate protective order to separate you and your loved ones from an abusive person. An attorney can file the correct protective order forms for short- and long-term protection in Arizona. Using a lawyer to file these forms increases your odds of the courts granting your request.
Your Criminal Defense Attorney Can Strengthen Your Case by Contacting the Victim. As your case moves forward, your lawyer will work to build the best defense possible, but it is important to see if there are any factors that will resolve your case before it goes to trial.
A skilled attorney will do everything within the scope of the law to bring a successful outcome to your case. This may include speaking with the alleged victim in order to find an acceptable way for all parties to easily resolve legal proceedings. Speaking with a victim may not always make things better for your case.
If your charges are not dropped before a court hearing or before going to trial, your defense team may find an interview with the victim to be very helpful. The benefits of these meetings include: Learning how the witness tells their story in person, therefore being prepared for their possible testimony in court.
If you have been arrested and are awaiting a hearing or trial, the alleged victim of your offense is a witness in your case, and the evidence they provide may be impactful in determining the outcome. While the police or prosecutor may inform this person that they do not have to speak with anyone if they do not want to, your lawyer has the right to contact them and ask if they’d be willing to discuss what’s going on. You should avoid this person if at all possible since: 1 The person claiming to be your victim might be threatened by contact from you, even if you are polite. 2 Your lawyer will know the most relevant questions that can provide helpful information for your defense.
For those who are victims of a crime, it can often feel like the criminal justice system is leaving them behind when it comes to addressing their needs and desires for the outcome of their case . Many victims don’t realize that only the defendant will be provided with an attorney if necessary, ...
One of the most frustrating aspects of a crime victim’s case is that the prosecutor will sometimes try and cut a deal with the defendant’s attorney to avoid going to trial. This frequently means the defendant will receive a less severe punishment than if they had gone to trial and been convicted.
Working with a private attorney means that crime victims will have a dedicated advocate to appear in court and object to any proposed plea deals.
Marsy’s Law (also known as the Victim’s Bill of Rights) states that: It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
Civil cases are common when: A victim is injured by a drunk driver. A landlord provides inadequate security. A school or business fails to provide a safe environment for students or employees.
If a crime victim feels that their goals and desires are different that the prosecutor’s, they should consider hiring their own attorney. This can help with several factors in their case.
In our experience, few victims are told by the district attorney’s office that, under Marsy’s Law, victims are entitled to hire their own attorney to represent their interests in court.
Victims' rights laws apply to victims whether or not the victim testifies as a witness. The right to be treated with fairness and respect for the victim's dignity and privacy; The right to be reasonably protected from the accused offender; The right to be notified of court proceedings;
However, if the defendant is found guilty or pleads guilty, the victim has several opportunities to let the court know how the crime affected his/her life.
Restitution is the payment of money by the defendant to the victim or to the court for damages caused by his/her actions. The court will issue an order of restitution in cases where restitution is mandatory and will consider issuing a restitution order in cases where restitution is discretionary.
If you are a victim or a witness, the Victim-Witness Program of the United States Attorney's office can help you understand the rights given to you by law. The United States Attorney 's office is committed to ensuring that crime victims and witnesses are treated fairly by the criminal justice system. This pamphlet will provide answers ...
What Happens in Felony Cases. Victims of crime, and other people who have knowledge about the commission of a crime, are often required to testify at a trial or at other court proceedings. The federal criminal justice system cannot function without the participation of victims and witnesses.
Victims may attend the sentencing hearing, and victims of violent crimes or crimes involving sexual abuse will also have the opportunity to address the court at this time. This is called victim allocution, and is discussed further in Section III, (A) (8) "The Sentencing Hearing.".
Victims and witnesses of federal offenses may be interviewed by a law enforcement officer prior to the filing of a complaint. In those situations, the officer will report the victims' or witnesses' statements to the Assistant United States Attorney assigned to the case.
The contents of this web page are for informational purposes only, and nothing you read is intended to be legal advice. Please review our disclaimer about law/legal-related information on this website before taking action based upon anything you read or see.
Criminal cases involving person crimes are rarely simple, open and shut kinds of matters.
To understand what the victim can do in the case (versus what the defendant can or cannot do), it first helps to understand the victim’s role in the case.
Because the victim is not on one side or the other, she can decide if she wants to help one, the other, both, or neither.
So if a client feels it is an unsafe time to go, trust their instincts. If a client feels they cannot handle the emotional toll or financial toll of leaving yet, or the toll on their children, believe them and encourage them to seek the support of qualified domestic violence counselors who can help them to prepare.
Domestic violence victims need information, respect, advocacy, and lawyers equipped to stand beside them with real understanding. Be that lawyer. Victims of domestic violence are often quite similar in their need for information , respect, advocacy, and lawyers equipped to stand beside them with real understanding.
The Elder Abuse Prevention and Prosecution Act of 2017 includes new initiatives to root out financial elder abuse and exploitation – from financially abusive family members, or from criminals targetting the elderly. Drawing the Line Between Corporal Punishment and Child Abuse.
Protect YOURSELF. Part of your job is to antagonize an angry, violent person to show the court that they are, in fact, an angry and violent person that your client needs protection from. Most abusers, I have found, are actually pretty cowardly about people outside of one they have groomed to not react.
Often people turn a deaf ear to issues of abuse, not because they don’t care but because it is emotionally challenging to be aware of intimate partner violence.”. It is easy for lawyers, often logic-driven, to be uncomfortable with the emotional issues of abuse and the decision tree of moving from victim to survivor.
On average, according to the National Domestic Violence Hotline, a woman will leave an abusive situation seven times before she leaves for good.
Some of the clients will want and need a lot of help navigating the legal processes and will need a lot of advice and advocacy, but none of them will want and need another person controlling their destiny the way that it has been controlled in their intimate relationship.
In self-defense cases, the defendant typically claims that the “victim” was actually the assailant and that the defendant needed to use force to defend himself, family, home, or other interests. Because of this role reversal, the rules of evidence allow the defendant to offer evidence to show ...
Rule 405 (b) therefore allowed Bass to present evidence of specific acts of violence by Fogg to show that he had a violent character and therefore was the aggressor. The Supreme Court agreed that whether the defendant or victim was the aggressor is a central inquiry.
Thus, in a self-defense case, threats by the victim against the defendant are relevant to show that the victim was the aggressor. ...
Rule 405 (a) allows reputation and opinion testimony in “all cases in which evidence of character or a trait of character of a person is admissible.”. Thus, a witness who knows the victim can give an opinion that the victim is a violent person. However, Rule 405 (b) only allows evidence of specific instances of conduct to show character ...
On another occasion, Bauman encountered Fogg at a restaurant, where Fogg initiated a fight with Bauman and also “grabbed” and “threw” Bauman’s mother-in-law when she attempted to defuse the situation.
Please bear with me. Generally, evidence of a person’s character is not admissible to prove he “acted in conformity therewith on a particular occasion.”.
Background. To make a long story short, the defendant, Bass, shot Fogg while the two were in the breezeway of Bass’s apartment complex. He relied on self-defense against the charges of attempted murder and assault with a deadly weapon with intent to kill inflicting serious injury.