What is Domestic Violence?
Domestic violence and emotional abuse are behaviors used by one person in a relationship to control the other. Partners may be married or not married, straight or gay, living together, separated or dating.
Domestic Violence as defined in California Penal Code must contain some sort of unwanted touching (hitting, pushing. shoving, grabbing, holding ect.) Although emotional abuse is not considered criminal behavior, however, it is a form of abuse that could potentially lead criminal violence.
Domestic violence can occur in many forms and can happen all the time or once in a while. Anyone can be a victim no matter age, sex, or social and economic status. The a domestic violence relationship can leave emotional scars on the children who witnesses this type violent relationship. Most children in these homes know about the violence and often times end up having emotional and behavioral problems.
The cycle of violence can happen hundreds of times in an abusive relationship. Each state lasts a different amount of time in a relationship. The total cycle can take anywhere from a few hours to a year or more to complete. What this means is that the abuse may occur frequently or can take considerable time before it occurs again. When people refer to the "cycle" often times the mean the "making-up" and "calm" stages in between the abuse. Before the abuser acts out with violence the victim may notice: more frequent outburst of anger; a breakdown in communication; a need to keep the abuser calm and; a feeling of walking on egg shells.
After the abuse there is the making-up period where the abuser may apologize for the abuse and promises they will do their best to ensure it won't happen again, the begin to shower the victim with gifts and affection. Once the make-up stage is complete the abuser may act like the abuse never happened and the promises made during the make-up stage may be met.
Ultimately, domestic violence can be a terrifying cycle that the victim is unable to break. From the outside world it may be simple to say, "just live that person, you don't deserve it," however, for the victim leaving the abuser can be one of the most difficult things to do.
As a criminal defense attorney I have seen many forms and types of domestic violence relationships over the years. I have become keenly aware of the cycle and the personality types involved in these types of relationships. I have also discovered that false accusations or more common than we might think. For these individuals, usually involving men who are being falsely accused can create a nightmare of problems. Once the allegations are presented to law enforcement an arrest will more than likely occur and end in criminal prosecution. This type of relationship can have cycles of its own and it can be just as hard for the men to leave this type of relationship as well.
If you have been falsely accused of domestic violence it is imperative that you consult an attorney that understands these types of relationships and has had experience with the particular personality types involved. I understand how false accusations can destroy an individual..