Domestic violence is a double-edged sword. Federal, state, and municipal courts are necessarily biased in favor of presumed victims of domestic violence to ensure victims are safe and no longer abused. While that’s a good thing when domestic violence has occurred, if accused falsely, this could be a problem.
What is Domestic Violence?
Even with domestic violence being in the headlines too often, some people aren’t quite sure what the term means. In many cases, people only conjure up images of a victim’s battered face or a broken appendage when they think about domestic violence. Unfortunately, domestic or intimate partner violence can take many other forms.
Here are some of the other kinds of intimate partner violence in addition to physical abuse:
- Sexual misconduct
- Emotional abuse
- Verbal abuse
- Economic abuse
Legal Protections for Victims
At the federal level, laws are in place to provide immediate protection and restitution for actual victims of domestic violence. The Violence Against Women Act (VAWA) and the Family Violence Prevention & Services Act (FVPSA) are two of those laudable laws.
Similarly, states offer legal protections for victims of intimate partner violence. Restraining orders are probably the most widely recognized of these protections, and they include the following types:
- Emergency restraining orders
- Temporary restraining orders
- No contact orders
- Domestic violence restraining orders
When tried in criminal court, a prosecutor will represent the presumed victim of domestic violence at no charge. If the victim decides to seek compensation in civil court – which is permissible even if an accused is exonerated in criminal court – the victim will have to retain a private attorney.
Right To A Domestic Violence Attorney
State policies are about protecting a domestic violence victim, woman or man. But even a person accused of domestic violence has the right to use a public defender to represent them if they can’t afford a private domestic violence attorney.
Do People Make False Domestic Violence Allegations?
Someone can accuse you of intimate partner violence even if you have never abused anyone. Having been a domestic violence lawyer serving Vancouver and Battle Ground, WA and nearby areas for so long, we can tell you that false accusations alleging domestic violence are more common than you might think.
The ramifications of being accused of domestic violence can be severe and long-lasting. For starters, you can be arrested and removed from your home or workplace. You will lose the right to have and use firearms. Your ability to rent a living space may be compromised if you’re convicted because the verdict will appear on your credit report. You may never be able to undo the damage to your reputation.
What To Do If You Believe You’ve Been Wrongfully Accused?
If accused of domestic violence, it’s imperative to mount a vigorous defense. A defense lawyer who will labor tirelessly to defend you is what you’ll get when you choose Philbrook Law. Contact the Philbrook Law Office to talk to a defense lawyer now!
If you or someone you know is the victim of domestic violence, get help by contacting the local authorities or by calling SafeSpace at call 772-288-7023 or the National Domestic Violence Hotline at call 800-799-7233.
Founding Attorney Matthew Philbrook attended Clark College, Washington State University, and Gonzaga University School of Law. He is a member of the Washington State and Oregon State Bar Associations and started Philbrook Law Office in 2005. He specializes in Personal Injury, DUI and Criminal Defense cases. Learn more about Mr. Philbrook.