Violence in the home is reaching epidemic proportions. This is a crime that goes far beyond traditional punishment. It breaks families apart and often results in jail time for the aggressor. This is also true for abuse of the elderly. The elderly are especially vulnerable to abuse and, just like those in a marriage, often feel they have no place to turn as they are dependent on the abuser for the necessities of life. Violence by one person directed at another is a crime regardless of their relationship. In the domestic and elder situations this is only made worse by the often dependent relationship between the parties.
As bad as true domestic violence is, things are not always as they appear. Charges of domestic violence are sometimes used in child custody disputes and divorce cases when there has been no violence. Since domestic violence charges are often dependent on "he said/she said" testimony these cases are often hard to sort out, much less defend.
Whether the allegations are founded or unfounded we take the same initial approach. We dig past the emotional issues and look to the core facts and in so doing often find evidence that points one way or the other. As soon as possible, we get the defendant into a mental health professional for an evaluation. If this evaluation indicates domestic abuse is likely, the defendant immediately enters counseling to both lessen the chances of reoccurrence and demonstrate to the court the individual is serious about solving the problem. If the assessment findings indicate the individual is not guilty we use that information to start unraveling the state's case against the defendant.
Our goal is the same in both cases, we work to exonerate the innocent and rehabilitate the guilty prior to the court imposing sentence. While reunification of the family may or may not be possible, we want everyone involved to be safe and if children are involved, both parents to be active participants in the children's lives.
The goals are similar for elder abuse. The elderly person is usually a close family member who needs a stable and safe home in which to live. Rehabilitation of the individual involved is in everyone's best interest and that is what we work to achieve.
By showing the court the individual is either innocent or has taken and is continuing to take the necessary steps to be a peaceful member of the household we have not only ended the cycle of abuse, we have set the stage for reunification of the family if that is possible.
The Tull & Marshall, An Association of Attorneys is against all forms of violence, especially by those who hold a dominant position in the household. However, we do not make judgments with regards to any individual who is so charged. It is our responsibility to defend the individual to the fullest extent possible and to help that individual take specific actions, between arrest and trial, that are calculated to improve the individual's chances with the court and help ensure the individual will not continue their abusive ways. You can reach us day and night at 615.530.5719.
Immigrants: Never plead guilty to a criminal charge without consulting an attorney. Doing so will have serious consequences on your immigration status. Call our office at 615.530.5719 for an evaluation of your case if you have been charged with any crime.
Inmigrantes: Nunca se declare culpable de un cargo criminal sin consultar a un abogado. Si esto sucede, tendrá consecuencias graves sobre su estatus migratorio. Llame a nuestra oficina al 615.530.5719 para una evaluación de su caso si usted ha sido acusado de algún delito.