Archives : domestic violence
Manny Ramirez Released on $2,500 Bond after Domestic Battery Charge
Florida law defines domestic violence as an assault, battery, sexual assault, stalking, kidnapping, false imprisonment or any criminal infliction of physical injury or death committed by a person to a family member including a spouse, former spouse, relative by blood or marriage or household member who currently lives or previously lived with the assailant. Convictions for domestic violence require a minimum county jail sentence of five days when intentional bodily harm is involved. Courts will waive the minimum five days in cases where the defendant is sentenced to a state prison and may give longer sentences, probation or community service as well. Victims who feel they are in imminent danger of domestic abuse can file for protection with the court by obtaining a restraining order which prohibits the retrained person from coming within 500 feet of them. Violations of restraining orders are considered a first degree misdemeanor. A conviction of an assault under Florida Statute 784.011 is considered a second degree misdemeanor. A conviction of a battery under Florida Statute 784.03 is considered a first degree misdemeanor. Penalties for domestic violence crimes include jail or prison time, fines, community service, probation, mandatory counseling and treatment.
Case Example:
On September 12, 2011, Manny Ramirez, a former outfielder for the Los Angeles Dodgers, was arrested at his Weston, Florida home after a domestic disturbance with his wife. According to the police report, Ramirez’s wife Juliana said they were arguing in the bedroom, and he slapped her face, which caused her to hit her head on the headboard of the bed. She said she called police because she was afraid the episode might escalate further. Police observed that Ramirez’s wife, Juliana, had a red swelling on her face and a small bruise on the back of her head, but she refused any kind of medical treatment. According to a deputy, Ramirez denied hitting her and said that when he grabbed her by her shoulders and shrugged her, she hit her head. Ramirez was taken into police custody. He retired from the Dodgers last April following a report that he had tested positive for taking performance enhanced drugs.
When Florida police are called to a domestic violence incident, they will arrest someone and take them to jail in most cases. The Florida State Attorney is also bound by law to try domestic violence cases aggressively. The prosecutor can prosecute even if the victim decides not to press charges. Since domestic violence and domestic abuse charges are considered serious crimes in Florida, it is recommended that you seek legal counsel immediately if you are arrested for these crimes. An experienced Florida criminal defense attorney can present your side of the incident prior to charges being filed to make sure that both sides are heard before the State Attorney makes a decision to file charges against you. The attorney will also be able to interview witnesses and review the police report. The attorney can argue such defenses as self-defense, defense of others or that the incident was an accident in order to get your charges reduced to a lesser crime, get you probation, attendance of a batter’s class or get the case dismissed.
Queens of the Stone Age Nick Oliveri Being Questioned on Domestic Violence
California Domestic Violence
Under California law, domestic violence incidents involve the corporate injury or trauma to a current spouse, former spouse, domestic partner, co-parent of a child, girlfriend, boyfriend, fiancée or someone you are dating by either striking the person violently or causing bruising or swelling. You could either be charged under California Penal Code Section 273.5 with a felony domestic violence or a misdemeanor battery under Penal Code Section 243(e)(1), if there is no visible sign of injuries. Penal Code Section 422 also considers threatening someone with the intent to commit harm against them as a crime as well. California police have the authority to arrest offenders who violate restraining orders under Penal Code 836. However, the district attorneys are not required to prosecute offenders. As a result, victims may be at a higher risk of experiencing repeat incidents of domestic violence by their ex-domestic partner, person they have had an intimidate experience or dating experience with.
Penalties and Fines
If you are convicted of domestic violence charges in California, you could face a minimum of 30 days in the county jail or mandatory attendance of a batter’s class for a first time misdemeanor, or one to four years in the state prison and a fine up to $6,000 or both for a felony domestic violence charge. Immigrants convicted of domestic violence will automatically be deported. Having a domestic violence charge on your record may prevent you from obtaining a job or a government college loan or other financial assistance.
Case Example
Nick Oliveri, the bassist and singer with Queens of the Stone Age, was arrested on Tuesday July 12, 2011, at his Hollywood, California home for domestic violence after a five hour standoff with the LAPD SWAT team. According to the police, Oliveri and his girlfriend got into an argument on Monday. Oliveri left the scene before police arrived and returned to his home on Tuesday. Police were afraid that he might have taken his girlfriend hostage, but she left the home around 8:30 p.m. on Tuesday evening. Oliveri was taken into police custody around 10:30 p.m. on Tuesday evening after LAPD knocked on his door. Investigators are checking into what went on at the house and whether Oliver was under the influence of narcotics.
California domestic violence/domestic battery charges are serious. If you are arrested for either, you should contact a California criminal defense attorney immediately to represent you. The attorney can argue defenses such as self-defense, defense of others or accident in order to get your charges reduced to a lesser crime, get you probation or attendance of a batter’s class or get the charges dismissed.
Lindsay Lohan’s Estranged Father Michael Lohan, Pleads Not Guilty to Misdemeanour Domestic Violence Charges
You could be charged with felony domestic violence under California Penal Code 273.5 if you cause corporal injury or trauma to a former spouse, current spouse, fiancée, girlfriend or someone you are dating or the parent of your child by striking the person violently or causing a bruise or swelling, or you could be charged with a misdemeanor battery under Penal Code Section 243(e)(1) if there is no sign of visible injuries. Threatening someone with committing harm to them is also a crime in California under Penal Code Section 422.
Penalties and Fines
You could face a minimum 30 days jail time for a first time misdemeanor domestic battery conviction and mandatory attendance of a 52-week batter’s class. For a domestic violence felony conviction under Penal Code 273.5, you could face up to one year in county jail or two to four years in state prison, or a fine up to $6,000 or both. If you are an immigrant and are convicted of domestic violence, you will be deported. A domestic violence conviction stays on your record, and you could be denied employment, a state license or other benefits such as federal college Pell grants and other assistance.
Case Example:
Michael Lohan, actress Lindsay Lohan’s estranged father, plead not guilty in Beverly Hills court on May 23, 2011, to misdemeanor domestic violence charges against his ex-fiancée and girlfriend Kate Majors for allegedly holding her against her will and not allowing her to call police. He was arrested on March 21, 2011 and charged with false imprisonment, preventing the report of victimization and inflicting corporate injury on a co-habitant. He faces up to one year in prison if convicted. Bail was set at $200,000. Majors filed a police report with the Los Angeles County Sheriff’s Department after an argument that occurred between the couple turned physical. Majors also claimed that Lohan became physically violent towards her during the filming of Celebrity Rehab at the time she visited Lohan at the Pasadena Therapy Centre to take part in a therapy session with Lohan. Lohan has a history of arrests in New York regarding harassment charges filed by former girlfriends.
If you are arrested for domestic violence or domestic battery in California, you should contact a California criminal law attorney to defend you. The attorney may be able to argue self-defense, defense of others or accident to get felony charges reduced to a misdemeanour with probation or attendance of a batter’s class or gets the case dismissed.
Domestic Homicides on the Rise in NYC
Homicide numbers are jumping at startling rates this month. All five boroughs are reporting drastic increases in gang activity and domestic murders. Shootings in general resulting in serious injury are up over 25% this year from 2009.
Last year New York had the lowest murder rate in history. Now a few short months later it seems shootings are at an all time rise. NYPD feels as if their big success is losing ground.
Fellow New Yorkers sense the rise has to do with smaller police divisions and less officers on the streets. This is of course responsibility to the top secret terrorism operations needed in order to protect New York City. Economic times and lack of police funds this year is another reason for increased violence. Police officials claim more funds are being cut and may only worsen the effects in the city with fewer officers out on the streets.
Police officials have long credited the dramatic drop in crime last year to Operation Impact. A scheme when rookie NYC officers are sent out in uniform, in crime prone neighborhoods. With more police presence it is thought crime numbers would lessen. This theory seemed proven true until the past few months. Murder numbers are especially high in domestic related situations. Operation Impact is not meant to discourage such violence, but for gang related crime.
With the sudden surge in crime throughout the city, the NYPD will be bringing on officers from borough task forces to supplement the efforts in intense crime areas.
Jermaine Ruiz 24 of Brooklyn, according to the Huffington Post, is an example of domestic related homicide issues in NYC. He was charged with three counts of murder in the stabbing deaths of his girlfriend, Jessica Ybe, 22, and her 2 and 5 year old daughters. Neighbors said he asked where he could “dispose of heavy garbage that smells badly” (NY Daily News). He confessed to the murders and his own father called NYPD on him. They had 2 other children together who were unharmed and being watched by their grandparents.
The public defenders office has been assigned to Mr. Ruiz as counsel. While no private Attorney has been assigned to this case, he will need a very good Criminal Law Attorney in order to begin a defense with a promising outcome.
NYPD needs to come up with a plan for crime situations such as these. Everyday we hear about children being murdered or sexually abused by relatives or family friends. Gang violence has always been a threat for the city but now their focus needs to shift gears. Tougher enforcement on domestic violence and protection orders is needed. In the end it may result in saving a lot of lives.
Domestic Violence Has No Social Boundaries
California law classifies domestic violence as abuse committed by an adult against a spouse, former spouse’s child, cohabitant or former cohabitant or persons who have had a child together, or who have a relationship. Under California law, a former spouse, cohabitant and either parent of a child are also considered a spouse for purposes of prosecution for spousal abuse. California Penal Code Section 273.5 considers corporal injury to a spouse a felony domestic violence charge with fines, county jail time or incarceration in state prison depending on the number of offenses and seriousness of the injuries. California Penal Code Section 422 also considers stalking and making threats domestic violence abuse. A domestic battery under California Penal Code Section 243(3)(1) is considered willful force or violence committed against an intimate partner. An intimate partner is considered someone you are engaged to be married to, a current or former spouse, a parent of your child or someone you are dating.
In addition, California Penal Code Section 1203.097 requires a convicted domestic violence defendant to attend a batter’s class as part of their probation and attendance of an AA or NA program if alcohol or drugs were involved in the domestic violence incident. A convicted of domestic violence may also require the defendant to pay restitution to the battered victim for counseling costs and reasonable expenses determined by the court and to make payments to a women’s shelter up to the maximum sum of $5,000. Marital assets may not be used by the defendant to pay for injuries to their married spouse. The court may also issue a restraining order against the defendant for up to 10 years based upon the seriousness of the crime and the possibility of future harm to the victim or the victim’s family.
Orange County Prosecutor Arrested for Domestic Violence
No social or economic class is immune from domestic violence. In fact, even well respected Huntington Beach, Orange County Prosecutor, David Brent, and his wife, were arrested in December of 2009, for domestic violence after the couple allegedly fought. Mr. Brent has been employed for 24 years as an Orange County prosecutor. Mr. Brent’s wife called 911 to report the argument. She was treated by medics who arrived at the family Huntington Beach home after Mr. Brent left the scene on foot. A list of his injuries was not specified. Both were subsequently arrested for allegedly violating California Penal Code Section 273.5, corporal injury to a spouse, which is a felony domestic violence charge. Corporal injury is categorized under California law as using serious force that causes an external or internal minor or serious wound.
The couple was taken to the Huntington Beach jail. Mr. Brent could face penalties of a minimum county jail time of one year with time served to a maximum four year’s sentence in a California state prison for a first offense felony domestic violence charge and a possible $6,000 fine. The case was referred to the State Attorney General’s office for prosecution to avoid any conflicts of interest.
California AB 532
California continues to enact more laws to help victims and protect families and communities from the dangers associated with domestic violence crimes. Counseling is also available to victims and abusers through various private and public programs. Effective January 1, 2010,
California has enacted AB 532 which now allows police to obtain a warrant to seize weapons that may be kept at a residence after a domestic violence or mental health incident has occurred at the residence.
Signs that a spouse or partner may be exhibiting that may lead to a domestic violence incident include:
• Extreme jealousy
• Attempts to alienate partner or spouse from seeing their friends or family
• Public outbursts of yelling or humiliating spouse or partner
• Hitting, slapping, pulling, pushing or tugging at partner or spouse’s hair or physical injury against spouse or partner
• Imprisoning spouse or partner in their house
A conviction of domestic violence is a serious crime in California. Both victims and abusers should seek counseling to prevent further incidences of abuse and to help the healing process.
DOMESTIC VIOLENCE – Male Victims
By: Vince Imhoff, Esq. & Sapana Shah
In recent years, male victims of domestic violence constitute an increasingly significant proportion of reported domestic violence cases. The crisis of men experiencing domestic violence is certainly not new; however, with more men coming forward and tougher police rules and mandatory arrest laws in place, a greater percentage of women, unexpectedly, are arrested for domestic violence. While the prevalence of such cases demands greater recourse for males in the legal system, the reality is quite the opposite: Not only have the crimes committed by females been dismissed by unjustified excuses of self-defense and trauma, men have continued to be accused of domestic violence at an extremely disproportionate and discriminatory rate compared to women, and male victims of domestic violence have been virtually ignored by the judicial system, media, and government sponsored advocacy programs. By focusing only on domestic violence against women, much of which has been reported to be false accusations, and ignoring the growing number of male victims, the likelihood of domestic violence, overall, has escalated.
Statistics of Males Victims of Domestic Violence
The National Violence Against Women Survey (Tjaden & Thoennes, 2000) reports that about 835,000 men are victims of violence by an intimate each year, which translates into a batter of a male every 37.8 seconds somewhere in the United States. The data further shows that assaulted men are more likely than assaulted women to experience serious assaults of being hit with an object, threatened with a knife, or being knifed. When considering relevant homicide data, studies show that women are more likely than men to initiate serious domestic violence, resulting in four out of ten male intimate homicides. The Bureau of Justice Statistics Special Report on Women Offenders, in fact, reports that Victims who are intimates accounted for an identical percentage of both male and female violent offenders.
Despite such alarming results that clearly impose the necessity for advocacy and outreach for male victims, government sponsored research and the media has focused almost exclusively on the risks women face from domestic violence. The Center for Policy Research, Centers for Disease Prevention and Control, and the National Institute of Justice, for instance, have avoided services and public awareness to male victims and failed to mention any violence by women against men.
Perhaps the greatest contributing factor to this problem is the advocacy based focus on serving women and protecting female victims, particularly under the federally funded Violence Against Women Act. Proponents of this view have endorsed the ‘Duluth Model’ ideology in which battery is equated with masculinity and male oppression of women– an unsubstantiated view that has become virtually codified in the Violence Against Women Act.
Men Dismissed as Victims of Domestic Violence
Advocates of the Violence Against Women Act have dismissed male victims as statistically insignificant and have attempted to revise the judicial system to benefit women. Furthermore, proponents of the Act claim that women arrested for battery are simply acting in self-defense and deny the documented evidence that women are often perpetrators of domestic violence. While the U.S. Supreme Court found the civil right remedies embedded in the Act unconstitutional, the ideology that encompasses biased gender myths continues to run equally strong. The unfortunate result of such misleading ideological myths is the lack of public education, advocacy or policy research to help male victims of domestic violence.
While advocacy and private and government funded research for female victims are undisputably necessary, equally imperative is the same for the 835,000 men assaulted each year. Contending that women do not have the capacity for aggression, especially in the face of contradicting studies, violates feminist principles that were designed to eradicate the unequal treatment of men and women. Furthermore, attempting to get female perpetrators “off the hook” and prosecuting men simply based on gender violates civil rights by the judiciary and the legislature: Disregarding the effects of domestic violence on men is inherently outlawed in the principles of Equal Protection and Due Process under the Fifth and Fourteenth Amendments of the United States Constitution as well as civil rights code, 42 U.S.C. 10606(b). Additionally, filing claims pursuant to unconstitutional domestic violence laws violates other constitutional provisions and case law: U.S. Constitution, Article VI Section 2, Harris v. McRae 448 U.S. 297, at 312 (1980), Miranda v. Arizona, 384 US 436 p.491, and Marbury v. Madison, 5 US (2 Cranch) 137, 174, 176, (1803). Each of these legal authorities finds that any legislation or ruling that impinges on or abrogates fundamental rights secured by the Constitution is considered null and void. A court found violating such principles can lose federal funding for misuse of federal funds and be liable for sanctions under the civil rights violations code, 42 U.S.C. 1983.
Criminal Defense and Domestic Violence Victims
In the legal arena of criminal defense, it becomes vital to eradicate the systematic and inexplicable infringements on fundamental rights and accusations of crimes based on gender. Such unconstitutional violations, compounded by the loose definitions of domestic violence that resonate in domestic violence laws such as the Violence Against Women Act result in the disproportionate rate of complaints made against males. Additionally, domestic violence laws that guarantee women the resources to aid in the prosecution of males, as well as mandatory arrest laws and police rules, have only facilitated false accusations that are often made by women. Furthermore, dismissing battery claims filed by male victims through unjustified excuses of self-defense, trauma, and stress serves only to sustain the feminist radical ideology, thus alienating and misrepresenting the growing number of male victims of domestic violence even further. In order to control the crisis of domestic violence, therefore, the judicial system must uphold the fundamental rights enshrined in the U.S. Constitution, eradicate prosecution practices based on destructive gender myths, and provide recourse for male victims of violence. If the legal system fails to do so, more perpetrators will go unpunished while innocent victims are abandoned without justice and restitution.
DOMESTIC VIOLENCE – Unjust Accusations
By: Vince Imhoff, Esq. & Ori S. Blumenfeld
A factually false statement regarding an occurrence of domestic violence that is presented to the police creates a multitude of injustices that unnecessarily wastes needed resources that the police and eventually, the judicial system require to properly function.
False Domestic Violence Claims
Making false claims about domestic violence is no laughing matter. Daily, we are privy to reports of spouses battering and abusing the weaker spouse. The scenario is made worse if the particular fact pattern included a falsely battered spouse convincing her unassuming child to inform his or her school-teacher that her spouse beat them. This teacher then in turn, assumes the statements of the child to be truthful and turns to the police for further action.
The teacher and administration have a statutory obligation to report the incident for the sole purpose of protecting the child from any possible dangers. The educational systems single concern is that of child and on even the remote possibility that the statements made by the child are in fact true, the school must report the incident without verifying its validity.
Once put on notice of the alleged incident, the police must use their resources to investigate the claim. The investigation takes up valuable time and manpower. Each officer whose time is wasted investigating fabricated claims could be potentially used for a crime that is actually valid. In addition, this problem may lead to social defects on a greater scale. A foreseen possibility is the need to eventually increase taxes in order to pay for these wasteful resources. Also important to note are the already overcrowded prisons today. Putting a falsely accused man in prison would only hinder the problem that the courts/prison systems have rather than help it.
Repercussions of False Domestic Abuse Allegations
The spouse accused of the jacitation most likely will have their reputation damaged by such allegations with whomever they encounter. Even upon the charges being eventually dropped, still, it is hard to say with certainty that all those with whom this individual comes in contact with will not think in the back of their minds that this person was once charged with a serious crime. Domestic violence is a crime that could potentially happen to anyone who lives with another; a crime that many can relate to whether or not they have been a victim. Society likely views the falsely accused with a cautious eye. This consequence hinders the accused in regaining a normal sense of livelihood, once accustomed to. More so, the accuseds name will be unjustly tarnished. The spouse that made the false accusation will also have her reputation tarnished; the accuser will be known to others as a liar
The child also suffers as a result of the parent that asked the child to make the false accusations. The child may suffer psychological trauma that requires therapy. Potentially, the child may be removed from the school and home that they are in, as well as possibly be ridiculed amongst friends.
Police Become Skeptical of Future Domestic Violence Claims
The increasingly false claims that are investigated create a sense of jadedness in the minds of police officers that could potentially hurt actual future victims. Barring any physical injury apparent to a potential victim of domestic violence, police may not take the claimant seriously until evidence suggests otherwise. Although the claim may be proven, with the absence of actual physical injury, the alleged injured spouse will have to wait longer to have their case heard since the police will need to spend even more time and resources investigating the validity of the false report. A false report would seem to occupy a significantly more amount of time and manpower than an obviously truthful one. Ultimately, the less truthful the statement is, the more time that investigation is needed to clear up the falsely accused.
Additional Problems Associated with False Claims
There are additional problems that arise when falsely accused and forced to make bail. If the allegor is successful in convincing the judge during preliminary hearings that the abuse did in fact occur, bail is set very high. This occurs since the court does not want to make it easy for the alleged to return to the home that he or she might still share with the accuser. If the alleged were to reach his victim, injury or death may ensue. Also, if the accused has reason to think that there is no chance to convince a jury otherwise that the story was false, than there is not much stopping the accused from actually injuring the accuser, elicited from rage created by the unjustly false allegation.
The spouse that made the original allegation needs to be considered with regards to coping skills. It cannot be said with any certainty that once the accuser terminates the prior relationship that they will not enter another relationship in the future, where they once again, make false claims. This parent may have an economic dependency on the other spouse or be victim to an array of differing socioeconomic elements, thus returning to the same cycle that they had previously departed.
