Sunday, August 5, 2012

Domestic violence is a problem, but alleged abusers always deserve

Relationships marked by domestic violence are all too often difficult for victims to escape from. For many victims, a difficult if not impossible financial situation may keep them dependent on their abusing partner. For others, both finances and fear of being deported keeps them in the relationship. The relationships in the latter cases can vary. Sometimes it is an undocumented woman that marries an American citizen; sometimes an undocumented man marries an American citizen.

For the undocumented party, the hope of eventually gaining a green card is often strong enough to help them endure domestic abuse. Sometimes the abuser threatens the victims with deportation if they reveal the abuse. The problem is a real one, and one that charitable organizations are addressing with the resources available to them.

Wherever domestic violence occurs, there is a genuine need to address the problem. That being said, it is also important to realize that each and every person accused of domestic violence deserves an appropriate defense.

The relationships underlying allegations of domestic violence can be complex. Police investigating such cases don't always have all the facts when they cite an alleged abuser with domestic violence. Charges can often be challenged on the basis of self-defense, victim provocation, or protection another person. In each case, prosecutors must be held to their full burden of proof, and there are various ways the weaknesses in their case can be exposed.

The consequences of domestic violence charges can be serious, but addressing charges early on in the process can often have a favorable effect on the outcome of the case.

Source: uscatholic.org, "Domestic violence can flourish in shadows of illegal immigration," Charles Martin & Debra Shifrin, July 30, 2012

Source: http://www.mncriminaldefenselawyerblog.com/2012/08/domestic-violence-is-a-problem-but-alleged-abusers-always-deserve-defense.shtml

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