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Submitted by: Ellie Lewis
Most of us will have heard the neighbors quarrelling or arguing to the point where the police are called in to sort out the mess. Indeed, it is in these instances when one or both of the participants will be taken away and charged. It is at this time that each will require a good expert to help them through the ensuing court case so that justice will prevail. Finding a good domestic abuse lawyer then is paramount if the innocent party is to be released. A domestic violence lawyer will know how to present the case and may even get a non-custodial sentence brought down on his client if he is found to be guilty.
Every case is different so it is really up to this expert on which way he will argue the case. In the case of a battered spouse, he may well try to show a history of this kind of behavior which will go a long way to show that his client had no alternative than to retaliate. For example, a woman who is constantly battered and berated will often put up with the behavior for the sake of her kids. However, if the spouse starts in on the kids though, she could just lose control completely and stop him with an act too heinous to contemplate. Now although this is wrong, to the court it could be shown that she was in fear for her life and those of the kids too.
In some instances of murder, the wife has been let off because it could be proven beyond all doubt that her life was totally miserable. She may have endured years of verbal and physical attacks, with the kids being out of the picture. However, by the spouse starting in on the kids in the same way, the wife would certainly be justified in stopping him if she thought that the kids were in any danger. In fact, this is just defending helpless individuals so the court would take this into consideration.
This kind of defense is not easy. Every detail has to be proven and this may show up in many ways. For example, she may have had to have several bouts of treatment for obvious signs of someone hitting her. Or the police may give evidence that they were called to the house many times before because of the behavior of the spouse. The police do not always want to arrest someone in this situation, but the law now requires that even those who are justified in fighting back have to go through the system regardless.
This is where the experts come in to fight for someone who really should not be in this position at all. In fact, it is often their knowledge that keeps someone who was only defending themselves from serving time in jail. Therefore, any costs incurred here will certainly be justified so finding the right expert is imperative if the accused is to be set free or punished less.
About the Author: Ellie Lewis was fascinated by the quality work provided by the
Las Vegas domestic abuse lawyer
she spent time with. She reviewed the cases of a
Las Vegas domestic violence lawyer
.
Source:
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