Family violence lawyer offer invaluable assistance for clients accused of domestic abuse or assault, such as filing legal petitions to secure protective orders for those experiencing abusive relationships.
Allegations of domestic violence may be handled either criminally if an alleged victim contacted police, or family court in relation to custody and visitation proceedings. Working with an experienced Melbourne lawyer who can gather impeachment evidence against complaining witnesses can often achieve positive outcomes in both matters.
Assault
An individual may be charged with assault when their actions cause another to fear physical injury or cause actual physical harm to themselves or another. Aggravated assault charges can also apply when using weapons against their victim or causing them to fear serious physical harm such as disfigurement.
Under certain circumstances, assault may constitute either a misdemeanor or felony crime. Most often it will be handled either through family court proceedings (sometimes known as Domestic Violence courts ) or criminal court (sometimes referred to as Domestic Violence courts ).
An assault defendant might try to defend themselves by asserting they were subjected to duress or coercion when committing their assault, making this a common defense to such allegations. Victims may also qualify for crime victim compensation payments to cover out-of-pocket expenses such as medical bills and counseling services.
Harassment
Harassment encompasses any unwanted sexual jokes and comments, threats, unwanted physical contact, offensive gestures and more. Harassment also refers to individuals making disparaging remarks about someone’s race, religion, age group, sex status, pregnancy/breastfeeding status or disability or sexual orientation.
Domestic violence cases usually begin in criminal court but can often be transferred to family court when an alleged victim files an abuse complaint. A lawyer experienced in both systems can help navigate through the complex legal issues involved.
Family Violence Litigation Clinic assists adult survivors of intimate partner violence. Under faculty supervision, students interview clients, conduct discovery and research, draft pleadings and correspondence as well as argue cases on their behalf. They may also assist with custody and visitation issues that arise within families.
Strangulation
Under Melbourne law, strangulation is considered a felony domestic violence offense when it involves applying pressure to another’s neck or throat with an intent to cut off blood flow and air, or otherwise reduce breathing capacity. Strangulation represents one of the closest approaches to murder on the continuum of domestic violence.
Strangulation can result in significant, long-term physical injuries such as vision changes, hearing changes, ringing in the ears, hoarseness, bleeding on the tongue and neck pain. Furthermore, it may cause cognitive deficits like memory loss and confusion.
Our firm has successfully represented clients accused of assault, menacing, and strangulation involving family violence cases. Many of them managed to avoid criminal conviction altogether or have their cases dismissed altogether; so let us help you explore all your options – having the right attorney on your side could make all the difference in the world.
Criminal Contempt
Criminal contempt is an offense punishable in two degrees and may even constitute a felony offense.
If you have been accused of criminal contempt of court in Melbourne, your first step should be consulting an experienced Melbourne criminal attorney. An experienced NY criminal attorney will help challenge the government’s case against you as well as scrutinizing any evidence they present against you.
As is often the case in intimate and family relationships, people involved may be falsely accused of domestic violence offenses due to jealousy, suspicions of infidelity and custody disputes leading to false allegations of abuse or harassment. We have extensive experience defending clients facing these criminal allegations; any finding of criminal contempt following a plenary hearing constitutes a conviction pursuant to double jeopardy clause.
Violation of an Order of Protection
Beating or violating an order of protection/restraining order is a serious criminal offense, with Court proceedings often beginning with your arraignment, where all terms of the order will be read aloud and questions asked as to your understanding. If you enter any premises where someone under protection resides such as their place of work or temporary shelter like a battered women’s shelter without authorization then that constitutes criminal trespass in the first degree and can lead to jail time.
Intervention Order Lawyers can assist in your defense against charges related to violating a criminal order of protection in Family Court. Intervention Order Lawyers provides advice and representation against these allegations of domestic violence.