Sunday, August 28, 2011

What Happens When Domestic Relationships Go Wrong | Articles ...

A domestic relationship refers to a marriage, dating relationship, parent-child relationship, sibling relationship or friendship. Sometimes, these relationships can go sour and lead to domestic violence. Domestic violence is also referred to as domestic abuse, domestic assault, family violence and spousal abuse. Since these relationships are usually conducted behind closed doors it is difficult for outsiders to know whether or not anything is wrong.

A domestic assault charge can result from incidents involving the following activities: physical aggression such as hitting, throwing objects, slapping, sexual abuse, emotional abuse, controlling behaviour, threats of physical abuse, stalking and neglect. Threats constitute a form of abuse as long as the threat is uttered intentionally. Once the threat is said with conviction, whether or not the person appears capable of following through with the threat, the crime is complete. Alcohol and drug consumption easily lead to abuse as well as situations where mental illness is prevalent.

If someone was charged with domestic assault that has no history of violent behaviour they would typically be granted bail under the condition that they would have no contact with the complainant. If the complainant and accused live under the same roof, the accused would be forced to move away from the residence and live elsewhere. There are situations where the complainant will go back on their accusation once they have calmed down from the situation and regret having called the police. However, once the accusation is made to the authorities criminal allegations take their natural course.

There have been many cases where the accused has been released on bail and continues to commit serious offences against the complainant. When the accused carries out further offences the case is taken back to court. The court will often create a release order that makes it nearly impossible for the accused to gain any kind of access to the complainant.

If an individual is charged with domestic assault they should seek guidance from a domestic assault lawyer who will advise the individual how to proceed. Domestic assault cases can be tricky because there are often a lot of ?he said-she said? scenarios, and the allegations can be hard to prove, especially if there are no witnesses. A domestic assault lawyer will work hard to get the least restrictive bail for their client, so that they can continue on with their life as normal as possible. Depending on the case, the level of bail varies widely.

Frank Henderson writes about domestic assault charges and discusses the role of domestic assault lawyers in the Ontario legal justice process.

Source: http://articlesgleaming.com/reference-education/legal-reference-education/what-happens-when-domestic-relationships-go-wrong

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