Freson Criminal Defense Attorney Domestic Violence Blog | Fresno Criminal Defense Attorney

The Tulare County District Attorney's Office provides and excellent information pamphlet regarding Domestic Violence.  The Information is reprinted in part below:

What is Domestic Violence?

Domestic Violence and emotional abuse are behavior used by one person in a relationship to control the other.  Partners may b married or not married; heterosexual, gay, or lesbian; living together, separated or dating.

violence can be criminal and includes physical assault (hitting, pushing, shoving, etc.) sexual abuse (unwanted or forced sexual activity), and stalking.  Although emotional abuse is not a criminal behavior, it is a form of abuse and can lead to criminal violence.

Domestic violence takes many forms and can happen all the time or once in a while.  An important step to help yourself or someone you know in preventing or stopping violence is recognizing the warning signs.

ANYONE CAN BE A VICTIM!

Victims can be any age, sex, race, culture, religion, education, employment or marital status.  Although both men and women can be abused, most victims are women.  Children in homes where there is domestic violence are more likely to be abused/or neglected.  Most children in the homes know about the violence.  Even if a child is not physically harmed, they may have emotional and behavioral problems.

THE CYCLE OF VIOLENCE

The cycle can happen hundred of times in an abusive relationship. Each state lasts a different amount of time in a relationship.  The total cycle can take anywhere from a few hours to a year or more to complete.

It is important to remember that not all domestic violence relationships fit the cycle. Often, as time goes on, the 'making-up' and 'clam ' stages disappear.

INCIDENT

* Any type of abuse occurs (physical/ sexual/emotional)

TENSION BUILDING

* Abuser starts to get angry

* There is a breakdown of communication

* Victim feels the need to keep the abuser calm

* Victim feels like they are 'walking on egg shells'

MAKING-UP

* Abuser may apologize for abuse and promise it won't happen again.

* Abuser may b lame the victim

* Deny abuse took place or say it was not as bad as the victim claims.

CALM

* Abuser acts like the abuse never happened

* Promises made during 'making-up; may be met

* Victim may hope that the abuse is over

* Abuser may give gifts to the victim

WARNING SIGNS AND OTHER TYPES OF ABUSE

* Using Coercion and Threats

* Making or carrying out threats of harm

* Threatening to leave or commit suicide

*  Threatening to report her to welfare, police or immigration

*  Making her drop criminal charges

USING INTIMIDATION

* making her afraid by using looks, actions, gestures

* Smashing things, destroying her property

* Abusing Pets

*  Displaying weapons

ECONOMIC ABUSE

* Preventing the victim from working

* Making her ask for money or taking her money

* Not allowing victim access to family income

USING THE CHILDREN

* Using visitation or custody to control her

* Threatening to take the children away

EMOTIONAL ABUSE

* Putting her down, humiliating her, name-calling

* Making her think she's crazy

ISOLATION

* Controlling what she does, who she sees, and who she talks to

* Monitoring phone calls, internet use, clothing and make-up

* Hiding the car keys so she can't leave, taking cell phone away

MINIMIZING, DENYING AND BLAMING

* Saying the abuse didn't happen or making light of it

* Shifting responsibility for abusive behavior

THE FACTS ABOUT DOMESTIC VIOLENCE

* 1 in every 4 women will experience domestic violence

* A woman is abused every nine seconds in this country

* Victims and their abusers come from all cultures, races, occupations and income levels

* Victims of domestic violence often feel isolated, powerless, fearful, guilty and dependent financially and/or physically upon their abusers. They feel trapped and unable to help themselves.

* Abused women are more likely to suffer miscarriages and to give birth to babies with low birth weights.

* 30%-60% of those that frequently assault their partners also abuse their children.

* More than three million children each year in this county* witness the brutal victimization of a parent at the hands of an intimate partner.  (*This was taken directly from the pamphlet provided by Tulare County DA office.  However, the figure of 3,000,000 children would appear to several times the population of Tulare County, therefore one may speculate if that is supposed to read "country" rather than "county" on the pamphlet)

* Children who learn violence at home are at high risk to continue the violence in their adult relationships. either as abusers or as victims.

* Witnessing domestic violence is a predictor of juvenile delinquency and adult criminality.

* Research shows that there is a strong correlation between animal cruelty and domestic violence.  Pets are abused to elicit power and control and create fear.

* 15% of domestic violence victims are men, 85% are women.

A PERSONAL BILL OF RIGHTS

1.  I have the right to privacy and time to myself

2.  I have the right to my own opinions, ideas, and beliefs.

3.  I have the right to feel anger and express it in responsible ways.

4. I have the right to SAY NO without feeling guilty.

5.  I have the right to ask for what I would like in my life.

6.  I have the right to be strong and competent and to show it.

7.  I have the right to disagree with others, and others have the right to disagree with me.

8.  I do not have to be perfect.  I have the right to make mistakes and be responsible for them.

9.  I do not have to accept "put downs" or other condescending, patronizing remarks.

10.  It's okay to accept compliments without discounting the compliment or the giver.

11.  I can accept myself as benign okay even when others criticize me.

12.  I have a right to be listened to, and to be heard when I express myself.

14.  I have a right to say "I don't know" and "I don't understand."

15.  I have the right to ask questions, and to seek information when I don't know or don't understand.

16.  I have the right to feel good.

17.  I have the right to offer constructive criticism to others and they to me.

18.  I do not have to be approved of, admired, or respected by everyone for everything I do.

Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.