When police arrive on the scene of a domestic violence incident, they are often quick to assume one party is guilty over the other, depending on at what point they intervened. The laws for domestic violence have changed over the years, and those who have been accused deserve to have a fair trial and their rights protected too.
Domestic violence situations are rarely simple, and law enforcement doesn’t have the resources they need to figure out who is right or wrong. But, what’s important to law enforcement is that they go back to the jail with one person in custody who shall be to blame for the entire situation.
Even minor arguments and minor physical slights is enough for an officer and prosecutor to charge a person with a crime. Many people believe that in all incidents of domestic violence there is an element of brutality that could result in murder. However, that is not the general truth.
In most cases, tempers have flared between two people and some sort of mind-altering substance is involved. Without police intervention, it may have worked itself out. Sometimes, people tell lies to the police in order to get their significant other in trouble. This type of behavior stems from anger and resentment, and innocent people should not be charged with something that they did not do.
Furthermore, police officers may exaggerate the facts in their reports as to what was said or occurred. In these reports, there’s usually one person who obviously becomes the perpetrator. But if that person didn’t really do anything wrong, or at least not in the way it is described, then why should they be held responsible?
When the prosecution is deciding on whether to file a misdemeanor or felony, the past history of the accused can have a big impact. If someone was convicted of a domestic violence charge, the court may inflict jail time, fines, restitution, and counseling clases. In some instances, the court may impose a restraining order as well, which keeps the two people from interacting and making contact. This includes any indirect contact through friends, family, or coworkers.