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When Should the Law Intervene In Domestic Violence Cases?

Few people realize that they can be charged with child abuse or child neglect if they have a fight with someone in front of the child. A New York Criminal Lawyer said that most states currently have statutes that allow parents to be charged with child abuse or neglect if they are involved in a domestic dispute in the presence of the children. This is true, even if the child is not involved in the assault. If one spouse assaults the other, and one or more of their children are in the room with them, the primary aggressor in the assault can be charged with child abuse or neglect. There does not have to be any physical contact between the parent and the child. There does not even have to be any verbal assault of the child to qualify under the law.

Because of this change in the law in recent years, many parents have been charged with child abuse or neglect. In some cases, it is just not appropriate. Every family has disputes at one time or another. The ability of law enforcement to charge a parent with abuse or neglect for arguing with their spouse in the presence of the children is inappropriate. A Brooklyn Criminal Lawyer said many psychologists suggest that allowing children to see their parents disagree and then work out the issue together is important to teach children how to handle conflict in their own relationships as they mature. The obvious issue here is that if the parents become violent with each other, they start the cycle of domestic violence that may continue with their own children.

So when is it appropriate for the state to intervene? This line is blurry. Some people believe that state intervention is important at the verbal abuse stage and others believe that there should be physical contact between the spouses before the state makes any charges. Nevertheless, most states have criminal statutes that address verbal assaults. A Staten Island Criminal Lawyer said this type of assault usually involves placing another person in fear of an imminent physical assault. That is the difference. If the spouses are merely arguing to work out a problem, they may be angry at each other; but neither party is in fear that the other will actually harm them.

So the state intervenes when the police are called to a domestic dispute in which one or both of the spouses are in fear of a physical assault from the other. Of course, they are usually called when there is an actual physical assault. In most cases, when the police are called to a residence because of a verbal assault, they find that it is a pattern of domestic violence where one spouse has physically injured the other at some point in the past. In most states, simple assault is defined as an assault that places another in imminent fear of incurring serious bodily harm or injury. This statute is not usually able to be charged on the uncorroborated word of the victim alone. There must be another witness. In most domestic violence cases, that witness is one of the children.

Domestic violence is a problem for most civilizations. The ability to decipher the problem and protect the children who live in the home is difficult for everyone involved. In the state of New York, an isolated incident of domestic violence outside the presence of a child is generally seen as insufficient to establish neglect. This was established by the case of the Matter of Larry O., 13A.D3d633, 787 N.Y. S.2d 119.

Because a simple assault under domestic violence is so subjective, it is important to have a reputable Criminal Attorney to represent you. Stephen Bilkis & Associates, a Domestic Violence Lawyer can represent you. With convenient offices throughout New York and the Metropolitan area, it is convenient to locate one of these attorneys close to you. Only a NY Domestic Violence Lawyer is capable of handling a domestic violence case in the state of New York.

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