Spousal Abuse Charges: Factors that Come into Play

Posted on June 26, 2013 in: Felonies

Spousal abuse is a serious and prevalent crime, affecting one in four women at some point in their lives, according to the National Coalition Against Domestic Violence. However, divorce, vengeful spouses, and misdirected anger may result in some people being slapped with unfounded or exaggerated spousal abuse allegations.

Factors that Affect Spousal Abuse Cases

In some cases, one spouse will press charges along with divorce attorney yardley pa against the other in order to gain ground in a custody or divorce case. Other times, you may read about divorce in appleton wi for the allege acts of domestic violence out of anger or spite, or to cover one’s own wrongdoing.

When the case is heard in court, several factors will be taken into consideration, including but not limited to: 

  • past criminal records;
  • witness testimonies;
  • the past history of both the defendant and the plaintiff;
  • whether or not children were in the home;
  • character witness reports;
  • the nature and extent of the injuries;
  • whether or not the act was made in self-defense;
  • subject matter jurisdiction;
  • consistency between the plaintiff’s testimony and the police report; and
  • the amount of time that lapsed between the incident and filing the complaint.

Types of Spousal Abuse Charges

Numerous types of actions can be considered spousal abuse, including: 

  • cyber stalking;
  • actual stalking;
  • economic deprivation;
  • unwanted sexual intercourse;
  • derogatory sexual comments;
  • psychological abuse;
  • social deprivation;
  • humiliation and repeated insults; and
  • threats of harm.

Penalties for Spousal Abuse Charges

Repercussions for spousal abuse vary depending on a number of factors such as those mentioned above. In-between the valid grounds for a divorce and the final conviction, victims may want to file a restraining order against their perpetrators. 

If convicted, defendants may face penalties such as: 

  • fines;
  • probation;
  • restraining orders;
  • mandatory classes and counseling; and
  • jail time.

If convicted, spousal abuse can permanently mar your record and interfere with things such as custody and even future employment opportunities. Refer to a defense attorney for more information about factors in a spousal abuse case.

In many cases, divorce may happen as a direct result of spousal abuse or other matters dealing with a marriage. When it comes to divorce and family law, you can get help with your divorce in Telford by calling an expert divorce attorney now.

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