The relationships in individuals’ lives are often one of the primary aspects of life that give them a sense of meaning and purpose. However, when domestic abuse occurs, a relationship often deteriorates rapidly with far-reaching effects. Unfortunately, domestic abuse is still an ongoing problem in New York and across the country.
A recent charge of domestic abuse in an out-of-state case of domestic abuse that occurred recently involved a man and a woman. The 33-year-old man was arrested on domestic violence charges in late July, according to the police. The man was charged with disorderly conduct as well as assault.
According to the police, the man and his ex-girlfriend were discussing politics when they became involved in an argument. This argument resulted in a physical confrontation between his ex-girlfriend and he. The ex-girlfriend claims that the man then slapped her, after which he chased her and wrestled her onto the floor. The man claims that it was instead the ex-girlfriend who attacked him and he was restraining her in order to defend himself.
In New York, when an individual believes they have been the victim of domestic abuse and have filed a criminal complaint, the complainant typically has the choice to proceed with the complaint in a criminal court or family court. If the individual decides to proceed in family court, the criminal case is discontinued and the case proceeds in family court. Once in family court, the complainant — now referred to as the “petitioner” — must prove the allegations by a preponderance of the evidence, a less stringent burden of proof than in a criminal court, which requires proof that is beyond a reasonable doubt. Individuals facing these issue typically retain an attorney who is experienced with the nuances often involved in family law matters to represent them in family court, as he or she often brings an additional level of comfort to a domestic violence victim seeking to end a destructive cycle of behavior or to an individual wrongly accused of such conduct.
Source: havasunews.com, “Havasu man arrested on domestic violence charge says he didn’t hit ex-girlfriend“, July 31, 2015