Domestic Violence And Unnecessary Arrests

The official statistical data clearly demonstrates that cases of domestic violence are way too common these days. We are not only talking about the State of California – we are referring to the entire nation. It is the shocking truth, but the very same statistics also proves that one out of three women in the country will be a victim of domestic violence at least once in her lifetime. Furthermore, what is all the more unexpected is the fact that one out of every four men will be victim of domestic violence as well.

Needless to say, though, when it comes to family it is also quite conflicting, even if domestic violence is an issues. After all, people are somewhat divided – on one hand, they wish to share their pain and to tell about how they are suffering, but they do not want their loved ones to get in trouble. On the other hand, they love their abusers way too much and will therefore do absolutely nothing about it. You will be surprised, but more than half of all domestic abuse cases remain unreported. Still, it may be the wrong decision, since if the abuse shall go on for too long, the victim may end up being severely injured or even killed.

The State of California and namely its governmental entities have managed to come up with a new type of legislation, which makes sure that the abusers are going to jail and this is meant to prevent more domestic abuse crimes from taking place in the future. The laws have some good intentions and will allow the law enforcement authorities to take action even if the victims are too afraid to come forward with accusations. Nevertheless, some people are wondering if the law went too far with that.

See, the law enforcement authorities will need to act in several instances. If domestic abuse was happening in public, in case that the victims decided to report the abuse, if their neighbors or perhaps some concerned witnesses decided to report the case to the police. One way or the other, it obviously creates certain miscommunication. This is particularly apparent in case that a neighbor or any third party witness decides to call the police. After all, some arguments are getting heated up and quite loud, but it does not necessarily imply that people are getting violent and resorting to physical intervention.

Hence, once the law enforcement officers arrive at the scene, they are going to get only a snapshot of the argument that took place between the two people. Furthermore, the 1994 law clearly states that in case the law enforcement officers have reasons to believe that a case of domestic violence took place and they have probable cause, they NEED to make the arrest. And under probable cause the police officers will look for the presence of the following:

• Intimidation
• Revenge
• Punishment
• Control
• Coercion

Even though this kind of legislation may help some of the victims get justice that they deserve, in a large number of cases the arrests are totally unnecessary. For instance, people, who were throwing dishes around because of their bipolar disorders or people who were throwing their cell phones on the ground in anger could also be arrested for domestic violence. However, even though the police officers may have been mistaken, being charged with domestic violence can really have a detrimental impact on your day to day living.

Hence, in case that you were falsely accused or mistakenly charged with domestic violence, make sure to get in touch with a qualified as well as genuinely experienced Los Angeles domestic violence lawyer as soon as possible.