Do You Recommend Counseling For Domestic Violence Clients?
It depends.In some cases, it is helpful in negotiating a certain resolution. Ifsome responsibility has been taken and the self-improvement has begun, even without a conviction or without a resolution in the case, it can be helpful in certain situations. These situations may include first time offenses or individuals that do not have a lengthy criminal history or maybe have a weaker case against them; these clients may qualify for a diversion resolution where they participate in a diversion program through the court and have the charges ultimately dismissed.
The diversion programs for domestic violence are almost all the same. They typically require anywhere from four to six months of domestic violence counseling and classes, and they are always throughcourt-approved, court-ordered agencies. Unless it is purely for bettering yourself personally and tackling this issue before you are ordered to, which is totally helpful and fine, it is probably not going to qualify or satisfy the court’s requirement if counseling and classes wind up being part of that requirement. Clients should be careful because it is really a matter of financials: all of these programs cost money, and the court-ordered one is the most important because that is the only one the court will care about.
What Steps Does Someone Need To Take When They Are Facing A Domestic Violence Charge?
Typically, a client calls his attorney shortly after the police respond and a report is generated for a domestic violence call.The client and attorney immediately agree upon services so that if there is any further contact from the police or the prosecuting agency, the client canlet them know that he is represented and those calls can go to the attorney so there are nomore opportunities for the state to try to interview him without counsel.The earlier the better when it comes to having communicationbetween the attorney and the prosecutor, as well as the detective, as opposed to the client and those agencies.
This is the ideal situation. From there, the attorney immediately initiates a call to the prosecuting agency that has the case for review to see if there is any opportunity to resolve the case prior to charges being filed. Sometimes there is; sometimes there is not. In this case, the charges are filed because a dialogue has opened up already, and there has already been discussion about possible diversion outcomes given the fact that it is a first time offense. The opportunity to have that dialogue beforethe client is dragged into court, before a plea offer is presented to him to consider and before he is advised whether it is good or bad really needs an attorney to better work the case and make sure that the absolute best outcome will be reached.
What Are Some Common Defense Strategies Utilized In Domestic Violence Cases?
Self-defense is absolutely a good defense in a domestic violence case. It could possibly lead to a significant change in resolution if there are documented injuries to both parties, or there are witnesses that saw that the individual was provoked or antagonized prior to the event that actually led police to get involved.Depending on what those circumstances are, self-defense can absolutely be a defense. It is always going to be harder in a situation where a man reacts to some shoving, pulling or scratching from a female by using a full force punch or a kick in retaliation.
It is always going to be better if the force to remove that person or get that person out of that situation is similar to the force that was used against them, and this also takes into consideration size, strength and relative ability to remove the individual from a situation. There are a lot of factors that play into that, but self-defense can be a significant negotiating point and sometimes a winning point when having to go the distance in a case as well. From a negotiating standpoint, some of the things that really help resolve cases are when a victim is reluctant from the start to involve themselves with the police or be interviewed or testify. Prosecutors are very used to having unwilling victims in cases; it is almost standard, but there are some situations that are even more difficult than others.
If the victim did not really give a statement and is not willing to cooperate, going forward, it is hard for the prosecution to fully make its case without the cooperation of the victim. If the victim gave a statement at the time and wants to change their statement later, those things can be considered, but these circumstances will not weaken a prosecution’s case as much as a victim that really didn’t say much to begin with. When it comes to negotiating resolutions, the victim of a significant physical trauma can be persuasive in convincing a prosecutor to give the defendant a chance for diversion or a chance to a lighter plea.It helps when the victim does not want the defendant to suffer a significant penalty.
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