My client was charged with domestic violence and kicked out of her home by the court system. The alleged, husband victim filed for divorce and left his wife to fend for her own with little to no money.
My client alleges that she was the actual victim in the case and not her husband. She maintains that she has been a victim of abuse for some time. However, because of police involvement, the husband somehow becomes the victim according to the State.
The State makes a reasonable offer in the case to settle it. However, my client would still not be able to return to her home for quite some period of time. Or worse, she would be subject to probation and a possible criminal conviction. Either way, it is a loss of her liberty and rights.
What is the answer? If it is a misdemeanor domestic violence charge, then a quick trial in general sessions court can resolve the case. If the husband is in fact the victim, then my client could be convicted. If my client is in fact the victim, then she could be found not guilty. Either way, the justice system is not left to lawyers but instead is left in the hands of a judge. And that is exactly what judges are paid to do. Make the difficult decision.
As a former prosecutor, I have tried hundreds of domestic violence cases. My experience is that a judge and jury can often see though the evidentiary mess and get to the correct decision. This is exactly what a judicial system is supposed to do.
—-Jonathan Turner, Attorney