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Domestic Violence Law

Domestic violence is an act of violence committed, usually, by a partner against an "intimate partner, usually by the use of physical force or deadly weapon, which act results to economic, emotional and physical damages. "Inmate partner" include current legally-married spouse, former spouse, a person who is cohabiting or who has cohabited, and a person whom the partner shares a child with. Domestic violence is not just committed by a partner against an intimate partner, but also by a parent against his or her children, or a guardian against his or her ward. Domestic violence is also not defined by the use of physical strength or deadly weapon, but also by any attempted use of either physical strength or deadly weapon.

Domestic violence is a crime in the United States. This crime is punishable by law through state and federal rules and regulations. Majority of domestic violence issues are governed by state laws and statutes. The Violence Against Women Act of 1994 was passed by Congress to recognize that domestic violence is a national crime. The Gun Control Act was also expanded to mandate that domestic violence abusers are legally prohibited from possessing guns.

The VAWA has jurisdiction over U.S. territories, including Indian country and military bases. Under the VAWA, it is a federal crime when one partner crosses state lines and physically injures a partner, stalk or harass a partner, and violate a protection order. Under the Gun Control Act, a domestic violence abuser commits a crime when he or she possess a firearm subject to a qualifying protection Order; and when he or she possesses a firearm following that person's conviction of a crime of domestic violence.

The VAWA affords the victim certain protections, such as the right to a fair trial, right to restitution, and right to protective orders. In a VAWA case, the Court must order restitution to pay the victim the full amount of loss, which include medical and psychological care costs, housing, child care expenses, loss of employment wages, attorney's fees, costs incurred in obtaining a civil protection order, and any other losses.

Litigating a VAWA case is not as easy to showing the court bruises inflicted by a partner or a member of the family. The plaintiff needs to prove that the perpetrator's behavior and their relationship meet certain standards set by law. The establishment of such behavior and relationship will need the expertise of a domestic violence law attorney as the required standards differ from state to state. Moreover, in order for a plaintiff to receive full amount of loss, the plaintiff must keep a record of all expenses caused by the domestic violence crime. This shows that a victim need to avail the assistance of a domestic violence law attorney prior to initiating any suit against the perpetrator. Domestic violence has profound effects on both perpetrator and victim and may scar them for the rest of their lives. A domestic violence law attorney can help either perpetrator or victim sort out differences the least emotional way.

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Criminal Defense Law - Legal Information and Resources
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Criminal Defense

The rights of the accused is primarily enshrined in the Bill ofRights. While the U.S. Constitution is the main source of protectionsfor the accused, the federal government and states also put enactednumerous legislation and court rules to ensure that the accused isnot placed in undue advantage. Without putting in place protectionsfor the accused, he or she may not receive fair treatment from thegovernment, especially law enforcement agencies and prosecutors,given that these agencies have extensive resources at their disposal.Criminal defense law protects an accused prior to any filing of asuit, during trial, and after trial.

Criminal cases rely heavily on direct and circumstantial evidence bythe prosecutor. Unreasonable searches and seizures and illegalissuance of warrants are prohibited under the Fourth Amendment.Defense attorneys can easily overthrow a criminal case by arguingthat law enforcement agencies conducted the search and seizure orissued warrants for search or arrest in an unlawful manner, thusmaking the evidence unacceptable in court.

Another protection afforded to an accused is the law against doublejeopardy, enshrined in the Fifth Amendment. Double jeopardy meansthat a person who has been tried and acquitted of a crime cannot becharged with the same crime again. Defendants, under the SixthAmendment, is guaranteed of the right to a public and jury trial andthe right to confront opposing witnesses and subpoena favorablewitnesses.

There are many nuances involved in criminal defense. The foremostconsideration for criminal defense attorneys would be to make surethat their clients are treated fairly, regardless of whether theaccused admits to the wrongdoing or not. Criminal defense attorneysalso make sure they take advantage of the protections afforded totheir clients to make sure their clients continue to enjoy theirliberties. One of the first things that a criminal defense attorneyhas to do, following an arrest, is to get the accused out from jail.Criminal defense attorneys need to take their clients out from jail,prior to trial or while a trial is pending, so that the defendant canfreely assist them in their cases.

Criminal defense law allows attorneys to make plea bargains fordefendants in order to avoid lengthy trial. In a plea bargain, thedefendant pleads guilty in exchange for a lenient sentence.Defendants can achieve plea bargaining either by (i) fighting theprosecutor and making the case difficult for him or (ii) fullycooperating with the prosecutor and convincing the prosecutor that alenient sentence is appropriate.

Once a criminal case goes to trial, expert litigating techniqueshould be employed by criminal defense attorneys as it will becomedifficult to convince juries, especially if the cases are ofsensitive nature. Criminal trials are exhausting and often veryemotionally draining for all parties. A defendant cannot successfullywin his case without the help of an attorney who is not justknowledgeable of the theories of criminal defense law but who is alsopersuasive enough to convince the jury and the judge.

Criminal defense is laborious work as criminal cases are tedious. Theaccused, and later on, the criminal defendant, must always berepresented by an attorney in all steps of the criminal proceeding.In order for the accused's rights to be fully protected, one mustseek the assistance of counsel who are experts in battling shrewdprosecutors and zealous police officers. Criminal defense attorneysare not just knowledgeable of both federal and state criminal lawstatutes, they are also skillful in using criminal defense laws tothe advantage of the accused.

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