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The Basics on Domestic Violence Law

  • By Phil Press Institute 
  • Category: Writedowns 
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The Laws on Domestic Violence in AlbuquerqueLaws on Domestic violence lists out rules for punishing people causing harm to family and other close relations. This kind of violence need not be within the four walls as it encompasses both physical and emotional harm caused to close family. The family law attorneys in Albuquerque are best equipped to advise you about the law. The law is complex and it also includes civil protection to the victims of domestic violence.

Federal and State Law

The Federal law states that domestic violence is a crime, with the most notable one being the VAWA or Violence Against Women Act. However, most domestic violence offenses are prosecuted under the state law. Conviction is possible under this law only if certain criteria is met regarding the relationship and conduct of the victim and the defendant. The relationship between the two should be present. The law prohibits any behavior that causes harm or even poses a threat that makes the victim fearful for his or her safety.

Responding to Allegations

The primary step to take when you are accused under the domestic violence law is to follow the court orders implicitly. Irrespective of the accuracy of the allegations, the situation is serious as you have been accused by the victim. You could face a civil restraining order or criminal charges, depending on the severity of the allegations.

Restraining Order In Any Case

Whatever the case, the court will impose an order preventing any contact with the victim or accuser. Even indirect contact with the accused should be avoided and this will include text messaging, telephone calls, social media and email contact or even contact through a mutual friend or any other third party. Violating this may entail jail time. This will also make it difficult for you to defend your case later.

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So the best option for an accused is to completely cut off ties with the accused/victim and also contact a legal professional for assistance.

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