It wasn’t so long ago that it was considered bad manners for the criminal enforcement system to get involved in what happened behind closed doors between family members and other domestic relationships. The only person worth listening to in such situations was the man of the house, and if he asked the police to drop the charges they would.
However, the days when the police would refuse to intervene are completely over at this point, and if anything the system now heavily favors the victims and alleged victims as a kind of overcompensation for all the years it refused to help the people stuck in such situations.
Modern Overcompensation
Instead of refusing to believe someone’s claims of being stuck in a cycle of domestic violence even when the evidence is clear, the tendency now is often to believe the accuser automatically and to take drastic steps even when all other evidence points to a fabrication or a singular lapse in temper which the accuser has exaggerated into a longstanding pattern.
Part of the problem is the fact that in actual cases of domestic abuse the abused person is very often complicit in the abuse, at least to the point of hiding signs of abuse from the rest of society, and in such cases there really is nothing more for a court to go on than the word of those involved. But while it’s good for a victim of domestic abuse to get out of a troubled situation and away from the abuser, believing an alleged victim’s word above all else can sometimes extend to the point of violating the presumption of innocence which our justice system is based upon.
The Drastic Results
The results of a domestic abuse case can have significant and permanent consequences, consequences so severe that the fact that they can give you a criminal record is practically the least of your worries. A domestic abuse case can end in a divorce with a settlement which highly favors the alleged victim, including complete custody over every child, and it can result in a child being taken away to live in a foster home. And even if the case is eventually dropped, the existence of a domestic abuse can by itself do harm to your reputation.
If you find yourself accused of domestic abuse, you should contact a criminal defense lawyer right away to find out what your options are and how best to move forward. If you live in Suffolk County on New York’s Long Island, then give the law office of Naiburg, Obedin, and Weissman a call. Our lawyers have over 70 combined years of experience with providing defendants with the best possible defense within the New York and federal criminal justice system, and we’ll do everything we can to help with your case.