When you have been accused of domestic violence, whether due to false allegations, a misunderstanding or because you had a lapse in judgement, you may feel like you’re all alone. While it can help to know that many celebrities have been in your shoes, Vista domestic violence lawyers want you to know that there are also many regular people in your shoes and statistics can help explain many things about the crime.
Why Domestic Battery is Different Than Regular Battery
For one thing, people who cohabitate with their abuser are more likely to be subjected to repeated violence. Those who have been commit domestic battery are likely to commit the crime again, to the point where 40% of people convicted of domestic violence are arrested for the same crime within two years.
Additionally, victims are often physically stopped from reporting abuse to authorities. Beyond that, people in physically abusive relationships are also often subject to psychological abuse which makes the victim hesitate to report the abuse. In fact, 95% of men who abuse their partners also abuse them mentally.
Domestic violence is also sadly common -much more common than battery against strangers or people who have a non-intimate relationship with the aggressor. In fact, 1 in 4 women and 1 in 7 men above the age of 18 have been the subject of severe physical violence -and 1 in 3 women and 1 in 4 men have been victimized by less severe abuse. 40% of women in violent relationships will be sexually assaulted during the relationships. Overall, 15% of violent crimes in America take place between romantic partners.
Why These Laws Don’t Just Cover Spouses
First, many couples don’t get married these days and these laws even covered couples in LGBT relationships before California legalized same sex marriages. But more importantly, the majority of domestic violence involves people who are dating, but not married. By only covering married couples, many victims of abuse would be excluded. That being said, because roommates are not covered by domestic violence laws, some people who have been charged with this crime should only be facing battery or assault charges because they were never romantically or sexually intimate with the alleged victim. If you have been wrongly charged in a similar situation, your Vista domestic violence lawyer can help you clear things up so you can face less serious charges and will not have your gun rights threatened.
Why Convicted Domestic Abusers Lose Gun Rights
Some people mistakenly believe that the lifetime gun prohibitions for those who have been convicted of domestic violence are just another way to punish the offenders. But the reality is that these laws are designed to save lives. In fact, when a firearm is present in the immediate area where a domestic incident takes place, the risk of homicide rises by 500%. Women are at particularly high risk in these cases as 1 in 3 female murder victims are killed by their partners.
You may think that seems unfair if the couple is already separated by a restraining order, but 50 to 75% of all homicides related to domestic abuse occur when the couple is either separating or already separated and statistics show that as many as 69% of all restraining orders are violated, so keeping guns out of the hands of potential abusers can make a big difference in the safety of the alleged victim.
It’s also worth noting that not all homicide victims involved in domestic disputes are actually the victim of the abuse. In fact, 20% of these victims are other parties, including neighbors, police officers, family members or bystanders.
Why Restraining Orders are Issued Automatically
Many people arrested and charged with domestic violence wonder why their partners had emergency restraining orders issued immediately without the partner even needing to go to court. They often want to rectify things with their partner and apologize but can’t legally call their spouse or girlfriend/boyfriend. The reason for this is simple and that is that a large of victims of domestic violence have been further victimized by their abuser after they were arrested. In fact, 66% of women who have been stalked were stalked by a person they were intimate with and 75% of people who have been abused were already abused by that person.
Restraining orders can also help protect children from seeing abuse, which is something that even those who were wrongly arrested after they acted in self defense can appreciate. In fact, kids are present during 37% of all domestic assault incidences and just witnessing these scenes can cause long-term psychological harm. Of course, if your partner was actually the aggressor and you were the one arrested, it is critical you work with a top Vista domestic violence lawyer as soon as possible in order to fight the charges as around 50% of those who abuse their partners also abuse their children.
If you have been accused of domestic battery or have any questions about this serious crime, Vista domestic violence defense attorney Peter M. Liss can help you. Please call (760) 643-4050 to schedule a free initial consultation to discuss your case in Mr. Liss’ office located right across the street from the Vista jail and courthouse.
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