Abuse isn’t just about bruises. Not all forms of abuse leave bruises where we can see them,What Happens When You Get A Domestic Violence Charge in 2018 . Although physical abuse is terrifying and needs to be addressed immediately there are other forms of abuse that can cause significant damage. One type of abuse that is very difficult for outsiders to detect is financial abuse. Marriage should be a partnership but when one spouse completely dominates the finances to the point that the other spouse has no control and no options financial abuse may be occurring.
What Are Signs of Potential Financial Abuse?
Every married couple handles their finances differently. In some cases one spouse handles the majority of the finances. They manage the accounts, pay the bills and deal with creditors. That does not by itself equal financial abuse.
Financial abuse occurs when one spouse is treated like an irresponsible child and Domestic Violence Guidelines . They are cut off from funds and their knowledge about the couple’s finances is severely limited. Some signs of financial abuse include:
•Strict Allowances. This isn’t an amount that the spouses have agreed to limit themselves to but is instead a set amount that is grudgingly handed out from one spouse to the other and is all that will be given.
Documents, documents, documents. Written evidence is incredibly strong and can range from credit card bills showing that there is a credit card but that you aren’t named on it to emails from your spouse that show the financial abuse.
Other witnesses can be incredibly powerful on your behalf. Financial abuse is hard for people outside the relationship to detect. So when someone credible comes in and tells the judge that it is happening and they can see it the judge will listen and Domestic Violence Groups .
What Happens When You Get A Domestic Violence Charge in 2018 ?
Domestic Violence charges are treated differently than most other criminal cases because from the outset of the charge, not the conviction, it is very likely that you will have your home and your children taken from you. We are supposed to have a criminal system where you are innocent until proven guilty but as you will discover that is not the case with Domestic Violence charges. This survival guide will help explain the system you're up against and how to get through it.
- Do not plead guilty at Arraignment. Arraignment is the first formal court appearance in a criminal case. During this hearing, you will be formally notified of the criminal charge against you and given the opportunity to plead guilty or not guilty. DO NOT PLEAD GUILTY! This is obvious in cases where you do not believe you've done anything wrong but is also true in cases where you do think you've done something wrong. There is no benefit in pleading guilty up front but there may be costs in doing so.
Some inexperienced people mistakenly believe that if they plead guilty at arraignment, they will get a lighter sentence than if they plead guilty later. This is incorrect. The reverse is much more common; you will likely get sentenced harder if you plead guilty up front.
If you decide to plead guilty later, the Judge will not use the fact that you pled not guilty initially against you. By pleading not guilty at Arraignment, what you are really saying to the Judge is that you want a chance to see what evidence the Prosecutor has and if you feel it is sufficient to prove your guilt then you want a chance to negotiate with the Prosecutor for a better outcome.
- Pre-Trial No Contact Orders. In most criminal cases, a Judge will issue an order directing the Defendant not have any contact with the alleged victim. In Domestic Violence cases, that order can be extended to the victim's home, place of work, and children. These orders are issued before there is a finding of guilt and can render a Defendant homeless. If you work at the same place as your spouse then you might just find yourself out of a job too. Whether or not the children were involved with the incident, you can be prohibited from seeing them.
Stipulated Orders of Continuance / Pre-Trial Diversion Agreements
These are contracts, nothing more. You make an agreement with the Prosecutor's Office to do (and not do) certain things, like entering a Domestic Violence Treatment Program and stay out of trouble. If you comply with the contract, the case is dismissed.
It is often possible to get a Domestic Violence charge re-filed as a different, less serious, charge. The factors involved are: the facts of the current case, the Defendant's criminal history, and the position of the alleged victim. Examples of reduced charges are: Disorderly Conduct or Simple Assault without the DV tag.
- Only the State can bring criminal charges. With any criminal charge, including Domestic Violence, only the State can bring the charge - not the alleged victim in your case. This means that even if the person labeled "victim" wants the No Contact Order or the entire case to simply go away, they don't have the power to dismiss it; only the Prosecutor does
- Joint Bank Accounts. Be aware that some Victims Advocates are advising alleged victims to drain joint bank accounts. This advice leaves Defendants in the impossible position of becoming suddenly homeless due to the no contact order and penniless.
- Gun Rights. Conviction for a crime labeled Domestic Violence will forfeit your rights to own or possess firearm for the rest of your life. This is true even in cases where no gun was used, threatened, mentioned or even owned by the defendant.
Because of the nature of Domestic Violence charges, you need to find an attorney that understands the complexity of these charges and what you can do about them. If you have questions specific to your case, please give me a call. I do not charge money for an initial consultation and I can answer many questions over the phone or via email.
Copyright © The Cahoon Law Office - All Rights Reserved.
Child Abuse - What Are The Causes and Effects?
1. Sticks and stones won't break my bones" - and words won't leave any measurable physical damage, but they will cause progressive, long-term harm. Never underestimate the power of words: words are used to brainwash.
Being told you are "stupid", "ugly", "lazy" or "worthless" is never acceptable. The first times you hear it, it will hurt, naturally. In time you "may get used to" hearing it from a partner. That's when you start to internalise and believe it. When that happens you are doing the other person's work of putting you down for them. This is why your feelings of self-worth suffer increasingly over time.
The good news is that just as words have been used to bring you down, you can learn to harness the power of words to build you up and restore your confidence and belief in yourself.
2. You are always told that it's your fault. Somehow, whatever happens, however it starts, the ultimate blame is always yours. Notice that we are talking ultimate blame here. The blaming partner will always tell you that their behaviour was caused by what you said or did. In fact, their argument runs along the lines that you can't possibly blame them for anything, because if you hadn't said what you said, or done what you did it would never have happened.
3. You're more inclined to believe your partner than you are to believe yourself. Have you ever reeled with a sense of hurt and injustice, or seethed with anger at the way you've been treated? Have you found yourself asking: "Is it reasonable to feel like this?" "Am I misinterpreting things?" "Have I got it wrong?"
If this is you, what it means is that you have become so brainwashed you've stopped trusting in your own judgement. Your mind keeps throwing up the observations and questions because, deep down, you know that what is happening is utterly wrong. But right now you can't feel the strength of your own convictions.
4. You need your partner to acknowledge your feelings. Have you ever felt desperate to make your partner hear what you are saying and apologise for the hurtful things they've said? Have you ever felt that only they can heal the pain they've caused?
Does your need for them to validate your feelings keep you hooked into the relationship?
When a partner constantly denies or refuses to listen to your feelings, that is, unquestionably, mental abuse.
5. Your partner blows hot and cold. He can be very loving but is often highly critical of you. He may tell you how much he loves you, yet he is short on care or consideration towards you. In fact, some of the time, maybe even a lot of the time, he treats you as if you were someone he truly dislikes.
You do everything you can to make him happy, but it's never good enough. You're more like the pet dog in the relationship than you are the equal partner. Your constant efforts to get his attention and please him meet with limited success. Sometimes he'll be charmed, often he's dismissive.
If you find yourself puzzling about how your partner can treat you that way, it is because you are trying to live in a love-based relationship, when in reality you are living in a control-based relationship. The mental abuser struggles with his own feelings of worthlessness and uses his relationship to create a feeling of personal power, at his partner's expense.
6. You feel as if you are constantly walking on eggshells. There is a real degree of fear in the relationship. You have come to dread his outbursts, the hurtful things that he will find to say to you. (Maybe the same anxiety and need to please spill over into your other relationships also.)
Fear is not part of a loving relationship, but it is a vital part of a mentally abusive relationship. It enables the abuser to maintain control over you.
7. You can heal. Mentally abusive relationships cause enormous emotional damage to the loving partner who tries, against all odds, to hold the relationship together and, ultimately, can't do it, because her partner is working against her.
Whether you are currently in a mentally abusive relationship, have left one recently, or years later are still struggling with the anxieties and low self-worth and lack of confidence caused by mental abuse, it is never too late to heal.
But you do need to work with a person or a programme specifically geared to mental abuse recovery.
Women who have suffered mental abuse expect radical change of themselves, and they expect it right away. This is why they often struggle and, not uncommonly, take up with another abusive partner.
Mental abuse recovery is a gradual process. Low self-worth and limiting beliefs about what kind of future the abuse sufferer can ever hope for are the blocks that can stop women from moving on. But they are blocks that you can clear very effectively. Just as language was once used to harm you, you can now learn how language can heal you. You can overcome past mental abuse and keep yourself safe from it in the future. You can also learn to feel strong, believe in yourself and create the life and the relationships you truly want.
"The Woman You Want To Be" is a unique workbook designed to accompany you on a year long journey into emotional health and happiness.
(C) 2005 Annie Kaszina