Domestic Violence
Representation from a Honolulu Criminal Lawyer
Domestic violence involves acts of violence against a husband or wife, a former spouse, a girlfriend or boyfriend, a current or former roommate, the parent of your child, or another family member, such as a parent, sibling, aunt, uncle, niece, nephew, or so forth.
Hawaii law (§709-906) states that:
"It shall be unlawful for any person, singly or in concert, to physically abuse a family or household member or to refuse compliance with the lawful order of a police officer under subsection...(2) Any police officer, with or without a warrant, may arrest a person if the officer has reasonable grounds to believe that the person is physically abusing, or has physically abused, a family or household member and that the person arrested is guilty thereof."
If you have been accused of an act of domestic violence in Honolulu, contact Law Office of Steve Cedillos today to enlist my services as a criminal defense lawyer.
Domestic Violence Statistics
According to various domestic violence organizations, nation-wide statistics for domestic violence include the following:
- In the U.S., every nine seconds a woman is assaulted or beaten
- A minimum of one in three women worldwide have been forced into sex, abused, or beaten
- Domestic violence is the leading cause of injury for women
- As many as 10 million children are witness to domestic violence every year
- Every day, more than three U.S. women are murdered by their husbands or boyfriends
- Each year, about 1.3 million women and 835,000 men are assaulted by an intimate partner
Domestic violence can consist of harassing, threatening, stalking, or any act of physical violence. While Hawaii is an idyllic state, it is not exempt from domestic violence incidents. According to The Hawaii Independent, "This year {2010}, it took eight lives according to the Hawaii State Coalition Against Domestic Violence. Over each year of the last decade, between three and 10 lives were ended violently at the hands of someone else."
Penalties in Honolulu for a Domestic Violence Conviction
The reality is that domestic violence allegations can be brought against anyone, anywhere, at any time. Sometimes, however, "victims" lie, exaggerate or falsely accuse a family member, partner or roommate. While domestic violence charges might not seem as serious as other criminal charges, they can come with crippling consequences.
In Honolulu, domestic and spouse abuse is charged as a misdemeanor but in certain cases, it can be charged as a Class C felony. If an order of protection is issued and you violate it, you can face the following penalties:
- For a first conviction of violating a temporary restraining order, a person shall serve a mandatory minimum jail sentence of forty-eight hours and be fined up to $500
- For a second conviction of violating a temporary restraining order, a person shall serve a mandatory minimum jail sentence of thirty days and be fined up to $1,000
If you are accused of abusing a family member (if someone at the scene of the crime complains of pain or shows visible injuries), you can be immediately arrested. Even if you both were involved in the argument and physical exchange and your family member drops charges against you, the government can still take you to court. If you are convicted of "abuse of a household member" you can expect to serve jail time and will lose the right to possess a firearm. If you are not a U.S. citizen you can also be deported.
Why You Want Me on Your Side
Domestic violence allegations can be difficult to fight, but if you are convicted, your livelihood, family, and future can be adversely affected forever. When you are charged with a domestic violence offense, it is imperative that you secure an aggressive criminal defense attorney on your side immediately!
I have more than 25 years of legal experience as a Honolulu Domestic and Spouse Abuse Lawyer that I can put to work for you. Schedule your free case evaluation today by calling (808) 201-0496!