October is Domestic Violence Month

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    October Is Domestic Violence Month

    According to a proclamation dated October 3, 2011 issued by The White House Office of the

    Press Secretary regarding National Domestic Violence Awareness Month, President Barack

    Obamas administration demonstrated its work not only to curbdomestic violence, but to bring it

    to an end. The proclamation, by virtue of the authority vested in the President by the Constitutionand the laws of the United States, proclaimed October 2011 as National Domestic Violence

    Awareness Month.

    By issuing this proclamation, the President was calling on all American citizens to speak out

    against domestic violence and to support local efforts to assist victims in finding help and

    healing.

    Young women are among the most vulnerable. They suffer the highest rates of intimate partner

    violence, but women andmen are at risk. Domestic violence and exposure to it present the

    danger of not just physical, but also long-term emotional and psychological harm.

    Children are often the observers of domestic violence. These children face a higher risk of

    developing problems with substance abuse and emotional disorders. They tend to fail in school

    and are more likely to continue the cycle of violence themselves later in life.

    The Obama administration has accomplished the following in regard to dealing with domestic

    violence and its aftermath:

    A strategy for coordination across Federal agencies to stop and prevent domesticviolence

    The introduction of Federal programs to help victims of domestic violence gainfinancial independence

    Helping prevent victims of domestic violence from being evicted from governmenthousing

    Not allowing victims to be denied assisted housing after suffering abuse Promotion of better tools for enforcement of protective orders Aid to victims of domestic abuse who need legal representation and cannot afford it Domestic violence screening Domestic violence counseling

    As a part of the Affordable Care Act, the Department of Health and Human Serviceshas put in place new guidelines making sure that women receive preventive health

    services free of charge which include screening and counseling and do not allow

    insurance companies to classify domestic violence as a pre-existing condition.

    Under the Child Abuse Prevention and Treatment Act providing communities withtools to help identify and treat victims, support service programs, provide shelters,

    etc.

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    Creation of the National Domestic Violence hotline connecting victims of domesticviolence with resources they need and safety they deserve

    Each October there is a recommitment to making sure no one suffers alone and to help victims of

    domestic violence achieve a safer future. Each October the California Partnership to End

    Domestic Violence joins domestic advocates throughout the state in commemorating the monthas National Domestic Violence Month.

    The first domestic violence awareness month was observed in October 1987. In 1989 the United

    States Congress officially designated October as National Domestic Violence Month, and similar

    legislation has continued to be passed each year.

    All Charges of Domestic Violence Not ValidFalse Accusers

    There are in excess of 100,000 domestic violence calls every year in the state of California.

    Approximately, half of those calls end up with the filing of domestic violence charges.

    No one can deny the seriousness of charges which represent life-threatening situations. However,

    many of those charges are brought due to the simple fact that one individual made a statement

    which was interpretedto be a threat. Often as well, the victim or a claim of domestic violence

    makes a false accusation to police in the effort to exert physical, emotional, or financial control.

    Domestic violence statistics illustrate that a significant number of individuals who report

    domestic violence actually are lying or exaggerating to police in order to manipulate or control

    their intimate partner. The term intimate partnerhas come to mean all persons (heterosexual or

    homosexual) who are or were married, who have children in common, who are cohabiting or

    who are or were dating.

    By means of filing a false report of domestic violence, the accuser in the intimate relationship

    may feel she or he has the upper hand over the accused, thereby exercising power and control

    over the accused partner. False charges are also made out of jealousy or the feeling of a need for

    revenge.

    In these false cases the so-called victim of domestic abuse is actually breaking the law. False

    reporting of domestic abuse carries a punishment of up to four years in California state prison.

    Those who have been falsely accused of domestic violence usually ask themselves four

    questions:

    1. How serious are the charges which have been leveled against me?2. What steps are necessary to document and prove my innocence?3. What are my rights?4. What are my legal options?

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    The Following Steps Should Be Taken Once You Are Falsely Accused of Domestic

    Violence:

    Understand the seriousness of the false accusation made against youTheconsequences of being charged with domestic violence can be extremely serious.

    Denying the magnitude of the charge may only cause you to delay and fail to take thecorrect steps immediately causing you to suffer future legal ramifications.

    Prepare for your defenseEven if falsely accused, there is a good chance you willface criminal charges which carry a heavy penalty and high conviction rate. In order

    to build a strong case in your defense, you will need expert witnesses and special

    psychological tests. You cannot afford an inadequate defense.

    Document your caseDocument as many details regarding your case as you can.Writing down details can be extremely helpful to you and to your attorneys.

    Educate yourselfLearn about the offense you have been charged with, the legalsystem, and your rights within the legal system.

    Make a list of all viable witnessesAs a criminal defendant, you have the right togather witnesses in your defense. Make sure to record why a particular witness might

    be able to provide testimony which may aid your case.

    Finally, know your rightsIf you are arrested, you do not have to say anythingbeyond giving your name, address, and date of birth. Remain silent. Explaining

    yourself will do nothing to improve the situation. Leave that for a later time and

    contact an attorney. The Constitution guarantees your right to competent legal

    representation.

    An Experienced Domestic Violence Attorney Can Help

    If you have been charged with a domestic violence event in California, contact the Los Angeles

    criminal defense attorneys of Lessem & Newstat, LLP today.

    Los Angeles, Ventura, and Santa Barbara County criminal defense attorneys Jeremy Lessem,

    Joshua Newstat, and Mark Lessem have handled thousands of domestic violence cases on behalf

    of clients throughout the state of California.

    Call (800) 295-1054 or fill out our convenientonline contact form.

    These articles are provided for informational purposes only and should not be considered legal

    advice. Professional legal counsel should be sought for specific advice relevant to your

    circumstances.

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