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The Truth About
Domestic
Assult and Discorderly Conduct Charges -
Information you need to know!
In over 27 year providing chemical health and anger evaluations and
providing referral services to clients, I have found the easiest
offense to be arrested/convicted of with virtually zero evidence is
Dormestic Assult or Discorderly Conduct.
Did you know that Domestic Assault
can be proven by simply a touch accompanied by a verbal altercation?
Discorderly
Conduct is very ambiguous in its legal definition: " Disorderly,
offensive, boisterous, obsene, noisy, or abusive language tending to
arouse alarm, anger, or resentment in others".
Experiencing
these circumstances is frightening and intimidating. In most cases the
situation almost always involves someone close and arises when a person
has reached a point resulting in exasperation and uproar.
Those involved struggle for a solution when they are at the point where
effective communication and problem solving are almost impossible.
The
good news is the courts are there to review the evidence of the
situation. The bad news is defendants have no idea how to prepare
effective, supportive evidence to provide positive insight to the
court.
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Case
Study...
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A
client was proceeding with a divorce when he was served with a
temporary restraining order to stay out of his home and away from his
children. The restraining order simply stated he was a danger to
his wife and children.
The
client had a court date scheduled to either abide or contest the restraining
order. I was contacted through his attorney to
provide the client with an anger assessment and domestic abuse
evaluation to submit to the court. At his hearing the evaluation
provided information proving he was not a dangerous threat and he
was
allowed to return to his home.
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Courts
DO have the ability to understand unusual positions people find
themselves experiencing. But they need evidence to support a
proper
judgement and that evidence needs to be provided by the client.
You can't simply hold the court responsible to find in your
favor unless you provide an understandable and viable solution to the
issue at hand, describing exactly whom the court is addressing.
Police
reports are produced with zero confirmed
testimony and unless you can provide a positive light to support your
case, a judge or prosecutor's hands are virtually tied to the only
statements available - the plantiff's.
In many cases, the only evidence that is available is a police report, along with the plantiff's accusations. And the defendant simply finds themselves denying or attempting to rationalize the situation.
That's
why it's imperative
you find a way to not only describe your side, but
to describe you, your history, your thoughts, attitudes, feelings, and
the potential to avoid problem matters when challenging events occur.
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Case
Study...
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Recently a client moved
out of his home
following the dissolution of their live-in relationship which included
most importantly, two biological children shared by the couple. Upon
moving out, my client was denied any contact with his children for
several weeks by his ex. My client ex was disobeying court orders by denying him his legal right to visit his
children and speak with them on the phone.
Subsequently, my
client sought legal
assistance and created a dialog through social services only to find
out his ex-girlfriend accused him of being a danger to her and the
children, but she did not file any court orders. Through the
advice of social services my client contacted me and he completed an
Anger Management Assessment and he was screened for any legal problems
relating to physical violence. I also
completed a background study on my client's ex-girlfriend and found her
history to include repeated shoplifting, theft, and disorderly conduct
convictions she committed in the United States, as well as her native
country
(from which she immigrated). In addition, she appeared to have two
other children and was still married in her country of orgin.
Upon the completion of my client's evaluation and the study on his
ex-girlfriend, he was immediately given visitation with his children.
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How
do you help the courts gain some insight? Give the court representative
the material they need to help you. Don't just wait and hope for the
best. Anger management and domestic
abuse evaluations have proven themselves highly successful in providing successful alternatives and insight to strengthen a supportive and fair disposition of your
case.
If
you'd like to hear more about how you can successfully deal with your case, call us at
612-282-5576 to discuss how
our agency can help you with your situation.
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Case Study...
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A female client was accused of
problem alcohol use and improper care of her stepchildren by her soon
to be ex-husband. She completed a chemical health assessment and a
domestic abuse/anger assessment. Her husband also completed an
assessment with me. The husband hadn't worked in three years and had
been living off of his wife's income trying to start a new business and at the same time while devoting the majority of his time to problem alcohol use. The reports indicated the husband would
not move out unless his wife agreed to continue to support him until
his new "security business" took flight.
When all the facts were gathered and the court finished it's work,
the now ex-husband was ordered to leave the residence and the wife was
awarded full custody of her children. The ex-husband was recommended to
enter and
complete outpatient treatment and remain sober.
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