When your partner, spouse or loved one calls the police and accuses you of domestic violence, the police must respond. The officers on the scene will look at the evidence and decide what to do next. If your partner does not feel safe in the situation, the police can put you in jail and keep you overnight or even longer. That gives the individual time to file for an order of protection that can keep you from going home. Before hiring a lawyer Hayward CA residents will find it helpful to look at the different types of domestic violence, especially when facing a wrongful conviction.
Sexual abuse refers to any type of abuse with a sexual nature. It wasn’t that long ago that the courts ruled an individual could not be guilty of raping a spouse because marriage had an underlying sexual contract. Courts today charge individuals with sexual abuse because one person physically forced another to engage in a sexual activity or because one person used coercion to force a sexual relationship. The police can also arrest someone for sexual abuse because a person claimed someone else used drugs and/or alcohol to force the individual to have sex.
Though many people think of physical abuse as the most harmful type of domestic violence, emotional abuse can be just as hard. Emotional abuse includes threatening comments made by one person to another and words or phrases that make an individual feel worthless. The problem with emotional abuse is that it is very hard to prove. When a former or current partner accuses you of emotional abuse, your lawyer will help you gather evidence that proves that person treated you poorly and help you find witnesses that dispute some of what that person claims.
When the police arrive on your doorstep because of an abuse call, they must look at the scene and attempt to determine what happened. There are many stories of men about women who hit them and attacked them who then called the police and reported that the man hit her first. If you show physical signs of abuse such as a bruised lip, torn clothing or bleeding scratches, the police should take your side in the altercation and arrest her. However, if the police still arrest you despite not having any evidence of a crime, you should contact a lawyer as soon as possible.
One type of domestic violence that many people do not know about is financial abuse. A good example would be a husband who only gives his wife a certain amount of money each week or month and does not give her access to their shared bank accounts. Another example might be a son or daughter who deliberately steals from a parent. Those cases often involve an elderly parent. Lawyers working on these cases will work with their clients to show that the individual bringing charges had access to money or that the individual was the one who used those funds.
A domestic violence charge can significantly change your life, even if the courts rule in your favor and find no evidence of your guilt. The sooner that you begin working on your case, the sooner you can get your life back. That is why it’s so important that you have a lawyer you can trust on your side.