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Domestic abuse is a relatively common offense. However, most cases of domestic abuse do not even get reported either because the victim is not even aware of being a victim or out of fear of the consequences of reporting such an offense. Some instance of abuse do not get reported because of the fear of humiliation and embarrassment. Victims and their well wishers are often hesitant to discuss the case and turn to lawyers online for help. This article answers some of the most commonly asked questions about domestic abuse laws. Would stalking and harassment along with threatening behavior be counted as an instance of domestic abuse in a court of law?
Whether domestic abuse can include stalking and harassment often times depends on laws prevalent in the state where the offense occurs. In some states, cyber threat and physical and verbal abuse can also be included. Anything that threatens the victim and makes them fear for their safety and life may usually be considered as domestic abuse. When faced with such a situation, one may get a restraining order if one feels harassed or abused. Can a domestic abuse charge against a spouse be dropped?
A domestic abuse charge may only be dropped if the person who filed the charges agrees or declares that he/she lied about the charges. Under no other circumstances would the charges be dropped. However, if the person who filed the charges agrees that he/she lied, then this could amount to false accusation and other offenses and criminal charges may be filed against them. Can children be made witnesses in an adult harassment case?
Children may be subpoenaed and made to appear for a hearing in such a case if they are a material witness to the offenses and are of appropriate age. The laws for age requirement of children to be witnesses may differ depending on the laws in different states. The age of the children will determine if they can be brought to court or if a verbal statement can be taken in lieu of testimony in court. Can a permanent order be taken out against a person who was given a temporary restraining order on domestic assault charges?
Once a temporary restraining order is filed against an individual, the court may have a hearing within a few days to give the restraining order. This hearing will give both parties a chance to provide evidence and make their case. The court can then either extend the temporary restraining order or give a full and permanent restraining order based on an assessment of the evidence and the seriousness of the charges and crime. Can a person with a domestic abuse accusation ask for a public defender?
A public defender helps other people and acts as a lawyer for a person who is accused of a crime. If the accused person cannot afford an attorney, he/she may be granted legal aid by the court. A person who is accused of domestic abuse charge can ask for a public defender to represent him/her in the court of law. There may be many options for legal aid in different states. One may ask a family lawyer if one has any doubts about domestic abuse.
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