What is Domestic Violence?
It might surprise you as to what it is and what a low threshold exists to make the slightest provocation punishable by the law. Any violence made against another who is or was involved in a past or present romantic relationship with another can be prosecuted.
That is is broad. But simply put- Under Alabama law, any violence, directed at another could qualify as domestic violence. So cooler heads should prevail. This includes not just physical injury to another but should the circumstances show that violence has take place, meaning the room was destroyed, or someone put their hand through a door could be construed by the investigating officer as evidence that domestic violence has taken place.
Domestic violence is one of the few crimes in Alabama that requires the police to investigate the incident scene and determine who was the victim and who was the perpetrator. That means that often the police will use the slightest of evidence to arrest someone even though the police did not see the incident happen. Often times the police will arrest both parties and let the judge “sort it out.”
What does this mean?
You need to very careful about accusations of domestic violence. Be sure and talk with me about how to avoid claims of domestic violence because the mere accusation of domestic violence can taint the entire domestic case and cause and individual to spend substantial time in jail.
Additionally and often more importantly it is often used to obtain an advantage in a custody dispute as there exists a presumption that the victim is more suitable to receive custody than the perpetrator.
This is one time you need good legal advise and you need to know that you are NOT ALONE!!!