Domestic Violence Violations

Domestic violence violations are among the most serious violations that are currently in existence and this is due to the great importance that the legislative and judicial branches unanimously attribute to the serious punishment served to whoever raises a hand on their family members. Moreover, the violation of domestic violence is considered aggravated assault and therefore will always be accompanied by an active prison sentence.

Nonetheless, if for the sake of demonstration we refer to the assault of a woman where in many cases such a complaint leads to the arrest of the husband before the filing of an indictment – and afterwards. It is important to remember that even if the person filing the complaint retracts the complaint, in most cases the investigation file is not closed, since often retracting the complaint is considered a result of the husband’s violent behavior – and therefore some judges will see this as an aggravation.

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If an indictment is filed against anyone for assault of a spouse or any other type of assault that fits the definition of domestic violence, the first thing the defense attorney will have to do is request that the court send the defendant  to receive a probation service report during the arrest process or during release on bail. The purpose of the probation report is to evaluate the danger the defendant poses and determine what the most proper terms of release are. Often, the probation service will recommend the referring of the defendant to a preventative therapy process for violent men before the main proceeding begins.

In addition, if the defendant arrives at the sentencing when they are undergoing the course of receiving treatment, this can increase the chance that the court will choose a remedial type of punishment over deterrent punishment. Similarly, one can ask the court to send the defendant to receive a probation service report after admission to the facts in the indictment letter and before the sentencing. After receiving the final report from the probation service, the court will assess every case in and of its own, whether the defendant is worthy of avoiding conviction.

When the court goes about assessing the issue, it will provide its opinion on a wide range of considerations and whether among them there is a first or single offense, the severity of the violation and the circumstances under which it was committed and even the likelihood of repeating the same violation. The main goal standing before the defense attorney will be to prove to the court that even if a violation was committed, it is no more than a momentary lapse of judgment that indeed happens in a vast majority of cases.

The Sharon Nahari Law Office specializes in representing accused persons and suspects of domestic violence. The firm’s team will dedicate all the resources disposable to us to each and every one of our clients in order to thoroughly and fundamentally assess the range of circumstances in the file and formulate the most efficient and proper defense strategy as soon as possible – such that will minimize the legal damage that will be caused to you, if at all, to the lowest possible minimum.