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Top Waimalu, HI Domestic Violence - Criminal Lawyers Near You

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

1003 Bishop Street, Pauahi Tower #2550, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

Topa Financial Center, 700 Bishop Street, Ste. 2100, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

1088 Bishop St, Penthouse, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

Tissue Genesis Tower, 810 Richards Street, Suite 335, Honolulu, HI 96813-2902

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

Davies Pacific Center, 841 Bishop St., Suite 410, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

Davies Pacific Center, 841 Bishop Street, Suite 1715, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Kailua Office | Serving Waimalu, HI

349 Illiania Street, Kailua, HI 96734

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

1003 Bishop St, Suite 2150, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

1001 Bishop Street, Suite 1800, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

707 Richards St, Suite 625, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

700 Bishop Street, Suite 2000, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

Dillingham Transportation Bldg, 735 Bishop St., Suite 304, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

Central Pacific Plaza, 220 S King St., Suite 2290, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

Haseko Center, 820 Mililani St., Suite 714, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

Davies Pacific Center, 841 Bishop St., Suite 2022, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

851 Fort St. Suite 400, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

Davies Pacific Center, 841 Bishop St., Suite 1065, Honolulu, HI 96813

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

Nimitz Business Center, 1130 N Nimitz Hwy, Suite B-299, Honolulu, HI 96817

Domestic Violence - Criminal Lawyers | Honolulu Office | Serving Waimalu, HI

1100 Alakea St, Alakea Corporate Tower, 20th Floor, Honolulu, HI 96813

Waimalu Domestic Violence - Criminal Information

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Find a Domestic Violence - Criminal Attorney near Waimalu

What Is Criminal Domestic Violence?

Criminal domestic violence occurs when a spouse or partner commits an act (or willfully threatens with the reasonable capacity to commit an act) of violence against the victim. Sexual abuse, spousal rape, intimate partner violence, battery and assault are all in territory nearby to criminal domestic violence, and charges spurring from such allegations often take these forms as well.

Under the expanded protections afforded to victims of domestic violence via the 1994 Violence Against Women Act (VAWA), emotional abuse, economic abuse (controlling finances to control behavior and force compliance from the victim) and psychological abuse can all be considered to be forms of domestic violence.

What Is The Difference Between Civil vs. Criminal Domestic Violence?

While criminal domestic violence, and charges pertaining to any number of offenses beneath that legal umbrella, are heard in criminal court, there are civil remedies available.

Civil courts are generally called upon, in alleged situations of domestic violence, to produce a restraining or protective order in favor of the alleged victim. Such an order may call for the defendant to maintain a physical distance from the victim and other family members, and violation of this civil order can result in immediate criminal charges.

Criminal domestic violence cases have a much higher burden of proof to clear. The onus is placed on the plaintiff to prove beyond any reasonable doubt that acts of abuse did occur. Civil courts have a much lower standard of proof in terms of awarding protective orders or restraining orders, but it is a common defensive strategy employed by alleged victims to set such boundaries before proceeding to a criminal case if deemed necessary.

Is Criminal Domestic Violence a Felony?

Acts of criminal domestic violence can be charged as either felonies or misdemeanors, depending on the specific nature of the charges as well as the jurisdiction. Cases heard in federal court are almost always prosecuted as felony charges.

At the state level, domestic violence charges can range from misdemeanor offenses to felony offenses. In some states, both third degree and second degree domestic violence charges are classified as misdemeanors, with first degree domestic violence and domestic violence of a high and aggravated nature (DVHAN) being classified as felonies.

It should be mentioned that domestic violence charges could also be classified as sexual abuse, battery, aggravated battery, or similar, rather than as strictly related to domestic violence.

What Is the Penalty for First-Degree Criminal Domestic Violence?

Federal domestic violence charges typically relate to the underpinning crime, although protections afforded via VAWA allow for additional charges to be appended to larger offenses. Battery, aggravated battery and sexual abuse charges can lead to 20 years to life in prison if you are found guilty of more serious offenses.

At the state level, punishments in response to first-degree (or aggravated) criminal domestic violence typically range from two years behind bars to up to 10 years imprisonment.

What Are Other Penalties for Criminal Domestic Violence?

With third and second degree domestic abuse charges being more common than first-degree or aggravated domestic abuse charges, penalties are less severe than those listed above. Domestic battery is sometimes listed as a first degree misdemeanor with a potential punishment, for those found guilty, of up to one year in county jail. Probation and a fine of up to $1,000 may also be a penalty for domestic violence.

How Can a Lawyer Help With Criminal Domestic Violence Charges in Hawaii?

All charges of domestic violence — felony or misdemeanor — should be taken seriously. A conviction could result in a sizable jail or prison sentence in addition to substantial fines and restitution.

An experienced criminal defense attorney familiar with case law pertaining to domestic violence can help guide you through the facts and discuss the material evidence to craft the best case possible.

An attorney can also often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

Types of legal fees:

Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.

Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.

Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.

Common legal terms explained

Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.

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