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No one truly intends to commit intoxication manslaughter. They do not wake up and say “I’m going to get drunk tonight and drive and see who gets in my way.” Accidents do happen and tragically, someone can die. Mitigating factors are thoroughly checked out such as whether the person broke any traffic laws, was driving with a suspended license, or if the person was negligent in some way. These are usually tried as misdemeanors. However, if a person is found to be intoxicated or under the influence of something, it is treated in Texas as a second degree felony and the prosecution goes after the person diligently. In intoxication manslaughter cases, the prosecution only has to prove that the driver was indeed, intoxicated. The term of incarceration could be anything from two years to twenty years.
If you have been charged with DWI after being in an accident that involved a death, you may be facing very serious charges of intoxication manslaughter. It is imperative that you speak with Dallas Intoxication Manslaughter Lawyer Charles Johnson as soon as possible after you have been charged, or think you may be charged. Attorney Johnson has the experience you can rely on for aggressive and effective defense strategies against the charges. The skilled attorneys at the Charles Johnson Law Firm do not believe there is any such thing as being slam-dunk guilty. No matter what the circumstances of the accident are, your personal story is behind the charges and will make a difference in the outcome of your case. We will make sure that the judge and jury know that this isn’t just about an intoxication manslaughter case. It is about you and your family.
Intoxication manslaughter is a Second Degree felony which holds people liable for any death which occurs because of criminal negligence, or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by driving under the influence (determined by excessive blood alcohol content levels set by individual U.S. states), although an independent infraction (such as driving with a suspended driver’s license), or negligence, is usually also required.
Intoxication manslaughter, vehicular manslaughter and other similar offences require a lesser mens rea (Latin for “guilty mind”. In criminal law, it is viewed as one of the necessary elements of a crime) than other manslaughter offenses. Furthermore, the fact that the defendant is entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance, is no defense. For example, in Texas, to prove intoxication manslaughter, it is not necessary to prove the person was negligent in causing the death of another, nor that they unlawfully used the substance that intoxicated them, but only that they were intoxicated, and operated a motor vehicle, and someone died as a result.
If you are accused of manslaughter, it is extremely important to hire a well-seasoned criminal defense attorney as soon as possible. It is essential that you do not talk about the issue with people other than your attorney. Issues surrounding manslaughter are extremely sensitive and should be treated with the utmost care. Experienced Dallas Criminal Lawyer Charles Johnson is your trusted advisor as you work through this difficult and emotional time. Whether or not you are guilty, Attorney Johnson will provide the highest quality representation and advice. Call him directly anytime night or day, 7 days/week at 214-234-0111.
Types of Intoxication Manslaughter
In Texas, intoxication manslaughter does not only apply to automobile drivers. Individuals may be charged with this crime under any of the following circumstances:
- If they are operating a car, truck, motorcycle, or any other type of motorized vehicle in a public place
- If they are operating a boat, airplane, or amusement park ride
- If they assemble an amusement park ride
If the alleged offender has done any of these things while intoxicated, and someone was killed by the vehicle they were operating or had assembled, they can be convicted of intoxication manslaughter. There is no requirement that the prosecutor prove negligence, that their intoxication was the direct cause of the crash, or that they were behaving unlawfully by using the substance that caused their intoxication.
Defenses For Intoxication Manslaughter
Intoxication manslaughter cases should be attacked on two fronts if the case is going to trial. Notwithstanding whether a person is or is not intoxicated, a good lawyer would examine the Texas Peace Officer collision report which was completed as part of the investigation. Just because a driver may be intoxicated does not mean that he should be held criminally liable for the death of another.
There have been cases where the deceased driver was as much at fault if not more at fault than the accused. Examples could include the deceased having run a red light, the deceased having operated his motor vehicle at night without lights, the deceased also being intoxicated, the deceased merging improperly into traffic, and the list goes on. A lawyer familiar with crash reconstruction and who has worked with reconstruction experts should be able to present this defense if it is available. The issue is one of causation and is set forth in Tex. Penal Code Section 6.04. In a nutshell, what 6.04 states is that if an accused’s conduct is insufficient in itself to cause the result, and the conduct of another contributed to the result and the contributing cause was sufficient to cause the result, the accused cannot be held liable.
A good accident reconstruction expert’s report may convince a prosecutor to agree to probation if causation is questionable. That in itself may be worth the investment in hiring both a reconstruction expert and a lawyer who knows how to present such findings.
The second line of defense is whether a person is intoxicated. Scientific evidence can be compelling for a jury. However, the State is allowed to rely upon opinion evidence based upon observations such as lack of coordination, blood shot eyes, smell of intoxicants on breath, slurred speech etc. Some of these symptom could be explained by lack of sleep, allergies, injury, but not all.
Most police departments have on board video cameras and video may very well have been used in this case. Video can be a two-edge sword. Many a video has convinced a defendant to make the best deal possible, while other videos have convinced an accused to take it to trial
In blood draws/test results, there are several considerations. A blood sample can be lost, yet there can be a medical record from a laboratory stating what the test result is. In fact, most hospitals don’t retain the blood samples, but for a very short period. If the blood draw was for medical treatment, sometimes there is a chain of custody problem that makes admission of the medical records unreliable. Most courts, when dealing with a chain of custody issue on medical records as the result of medical treatment rule that any problems goes to the weight of the evidence, not the admissibility, that is, the records gets admitted but the defense lawyer gets to argue that it is not reliable because of the poor chain of custody.
Mandatory blood draws can be attacked, however, you should hire a lawyer familiar with the statutory and administrative requirements for blood draws.
Dallas Intoxication Manslaughter Defense Lawyer: The Charles Johnson Law Firm
When you are charged with intoxication manslaughter or intoxication assault, you have more than just the prosecutor against you. You have the victim’s family and the public screaming for your head. You don’t have to go through this alone. The Charles Johnson Law Firm will fight aggressively to protect your rights and your future.
After a car accident in which there has been a fatality, it is an extremely upsetting situation for everyone involved. Law enforcement will collect evidence at the scene and this evidence is an important part of the documentation of the case. It is crucial that if you have been charged with intoxication manslaughter that you contact The Charles Johnson Law Firm quickly. The evidence in the case can be reviewed and an attorney can advise you what can be done in your case. Dallas Criminal Lawyer Charles Johnson can offer a free evaluation of your case, and it is advised that you take advantage of this so it can be determined what can be done and what options may be possible in your case.
Dallas Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.
Call us at 214-234-0111 or toll free at 877-308-0100.
Major Credit Cards Accepted
News stories related to Dallas Intoxication Manslaughter:
20-year-old Garland man arrested for intoxication manslaughter
GARLAND -- A 20-year-old Garland man was arrested Tuesday morning for intoxication manslaughter after the passenger in ... north bound Jeep Cherokee driven by a 49-year-old man from Dallas. The Jeep struck the Ford, killing the passenger in ...
WFAA - May 15 2013
Dallas Cowboys Josh Brent intoxication manslaughter trial
There is still a possibility that a plea bargain could be made. “Brent is free on a $100,000 bond, but the Cowboys announced last week that he will not play with the team in 2013.” ESPN added, “This is not Brent's first drunken-driving ...
examiner.com - Mar 26 2013
Cowboys’ Josh Brent intoxication manslaughter trial set for September
Dallas Cowboys lineman Josh Brent is scheduled to go to trial Sept. 23 on a charge intoxication manslaughter, his defense attorney confirmed Monday night. Brent is charged in connection with a one-car crash Dec. 8 in Irving that killed his teammate and ...
Dallas Morning News (blog) - Mar 26 2013
Intoxication manslaughter trial Cowboys’ Josh Brent set for Sept. 23
Dallas Cowboys lineman Josh Brent is scheduled to go to trial Sept. 23 on a charge of intoxication manslaughter, his defense attorney confirmed Monday night. Brent is charged in connection with a one-car crash Dec. 8 in Irving that killed his teammate and ...
Dallas Morning News - Mar 26 2013
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Methamphetamine – also known as meth, ice, crystal, crank, and dozens of other names – is one of the most addictive and abused drugs in the United States, and thousands of individuals are arrested and charged with using, possessing, selling and manufacturing it each year. Those who are convicted of a Texas methamphetamine charge can be punished with jail or prison and other repercussions.
Fortunately, it’s possible to fight a meth charge. If you’re facing a Texas methamphetamine charge, The Charles Johnson Law Firm is ready to review your case and begin working on an aggressive defense strategy. Whether you are currently under investigation for a drug crime involving Methamphetamine or have already been arrested, it’s important to retain criminal defense representation from a skilled Dallas Lawyer. Texas has some of the most stringent illegal drug laws in the country, and the police and prosecutors involved with your criminal case aren’t going to let you off easy. By working with an attorney who has considerable knowledge, expertise, and practice of this type of criminal law, your odds of resolving your case effectively increase greatly.
Dallas Criminal Lawyer Charles Johnson will be by your side during this difficult time in your life. You can contact him directly anytime night or day at 214-234-0111.
Methamphetamine is the illegal drug with the fastest growing rate of abuse in the United States. More U.S. counties (48%) report that meth may be the principal drug problem in the country – more than cocaine (22%), marijuana (22%) and heroin (3%) put together. Meth laboratory seizures have increased 577 percent nationwide since 1995. Methamphetamine, also known as “speed,” “crank,” “chalk,” or “ice” among many others, has been hooking people for years. But illegal production and use of the hugely addictive stimulant have exploded in the last few years, spawning what some authorities call America’s first rural drug epidemic. Methamphetamine is a strong stimulant that can cause a high that lasts from six to Twenty four hours. Once favored mainly by West Coast bike gangs, methamphetamine is now spreading across the nation. As outlined by US government surveys, treatment for meth addiction has more than quadrupled since 1993. Greater than 12 million men and women above the age of 12 have experimented with methamphetamine, including one out of 10 adolescents (according to the US Centers for Disease Control and Prevention).
What exactly is Methamphetamine?
Methamphetamine is an extremely addictive stimulant that directly has an effect on the pleasure centers within the brain. With repeated use of meth, it turns off the brain’s capacity to produce dopamine which simply leaves the users of methamphetamine incapable of enjoying anything but more methamphetamine. Methamphetamine is usually smoked, injected intravenously, snorted, or perhaps ingested orally. The drug alters mood in different ways, dependent on how it is utilized. Meth is known to raise the user’s heart rate, blood pressure, temperature, and respiratory rate, a reduction in appetite, sleep, reaction time, and lung function. Extended use of meth can result in a number of conditions for example “meth mouth”, depression, amphetamine psychosis, obsessive scratching, anorexia, unfavorable social behavior, every type of child neglect, neglect of hygiene and property, prenatal exposure, dangerous sexual tendencies associated with the spread of HIV and also STD’s, aggressive behavior, criminal actions, and death from the collapse of the cardiovascular system and/or bleeding in the brain, cardiac arrest or hypothermia. Moreover, there are many side affects related to overdose which include death, brain damage, feelings of flesh crawling bugs connected with compulsive picking and infecting lesions, muscle breakdown producing kidney failure, hallucinations, delusions, along with paranoia. These terrible conditions linked to meth don’t even include the many accidents and deaths that could occur during the cooking process due to fires, explosions, and getting into contact with extremely dangerous chemical substances typically while the user is under the influence.
Forms of Methamphetamine
Meth is known as a central nervous system stimulant with a significant potential for abuse and dependency. A synthetic illegal drug, Methamphetamine is closely related chemically to amphetamine, yet creates increased effects on the central nervous system. The drug’s euphoric effects are comparable to, but longer lasting than those from cocaine. It typically comes in three forms: Powder: a white, odorless, and bitter-tasting crystalline powder, readily soluble in water or alcohol.
Crystal: Users will smoke chunks of a very pure form of crystalline Methamphetamine called “Ice”.
Rock: Big chunks of the drug, typically found in yellow, are usually ingested orally.
Signs and symptoms of Methamphetamine Addiction
Users can become hooked the first time they take meth, and the addiction is probably the most challenging to treat. People who take methamphetamine may become aggressive and paranoid, and the drug may cause heart attacks and death. Addicts are typically chronic methamphetamine abusers completely preoccupied with avoiding the “crash”, a period of low energy and deep depression occurring after the individual stops using the drug. Throughout the crash, an individual often sleeps, even up to several days at a time, leaving kids unsupervised. Methamphetamine dependency is quick, and so is the deterioration within the individual’s family and way of life. Drug tolerance to methamphetamine builds up quickly, and the user typically continues his impairment from abusing other drugs or alcohol, an activity referred to as “tweaking”, to ease the extremely unpleasant feeling after a binge. The tweaker is frequently paranoid and experiences a period of delusions and hallucinations during which violent reactions to otherwise harmless stimuli are routine. Frequently, it is children that happen to be in the way. The horror of meth abuse just cannot be overstated. Methamphetamine abuse consumes the quality of life and destroys individuals. In the series of photographs below, the female depicted was 38 years of age when she died. Incredibly, she is actually still living in the last photograph. Each photograph represents about Eleven months.
History of Methamphetamine
Methamphetamine was first produced in Germany in 1887, but not for the recreational use that we find nowadays. It was produced to deal with various types of depression, weight control (obesity), narcolepsy, and alcoholism. In the Second World War, Methamphetamine was widely used by Nazi soldiers. Hitler’s troops, aviators, and tank crews received chocolate laced with Meth frequently. Following the war, through the 1970′s, the drug was commonly used primarily for medicinal reasons and one could acquire a legal prescription of Methamphetamine. It was not until the 1980′s that we started to see Meth being produced for recreational uses. By the mid- 1980′s we started to notice meth being manufactured illicitly in Texas, and since then, the illicit manufacturing of meth has spread like wildfire.
Challenges for Law Enforcement
The addictive character of meth generates numerous difficulties for law enforcement. People commonly become addicted from a single use of the drug and discover it almost impossible to later cease using meth. Users, dealers and traffickers often target adolescents to start using meth. The DEA has found evidence of this from the increase in availability of flavored methamphetamine. Flavors including strawberry or “strawberry quick,” cola, and chocolate flavored meth have been found by bodies in California, Nevada, Washington, Idaho, Texas, New Mexico, Missouri, and Minnesota. Safety factors are also a huge obstacle for law enforcement if they happen to find a covert methamphetamine lab. It is a common practice for small meth lab operators to encircle their laboratories with booby traps, meant to seriously harm trespassers. Many of these booby traps include rigged shot firearms behind doors and refrigerators, traps that release harmful fumes, and even poisonous snakes. Individuals who violate the law by manufacturing, possessing, or distributing methamphetamine frequently break the law in other ways also – because of or in support of their meth addiction. Many law enforcement agencies will point to the connection between meth manufacturers and meth addicts and criminal acts including: homicide, domestic assault, illegal possession of weapons, theft and identity fraud.
Methamphetamine Defense: Hire the Top Dallas Lawyer
Whatever illegal drug charges you are defending, it’s of the utmost necessity that you retain the services of The Top Dallas Criminal Defense Lawyer who will battle to avoid the severe penalties that are the consequence of drug-related conviction. Even if it’s your initial criminal offense, you could have to deal with a mandatory jail sentence, as well as considerable fines and a felony on your record. The attorney you hire to defend you can easily make a big difference in whether you win your court case and steer clear of a life-altering conviction. Nonetheless, in a city like Dallas, TX, finding the right Dallas Lawyer can be challenging. When looking for a Dallas drug defense lawyer to handle your court case, you ought to locate a lawyer who’s experienced, but who can also come up with innovative defense tactics for battling your criminal charges. Ultimately, many lawyers are familiar with what the law states, but Lawyer Johnson is skilled at utilizing his understanding of the law to come up with unquestionably inventive and effective ways to defend his clients against their criminal charges. If you or a loved one has been arrested for an offense associated with Methamphetamine possession, manufacturing or distribution in Dallas, obtain the support of Dallas Lawyer Charles Johnson as soon as possible. Reach him around the clock directly at 214-234-0111.
Understanding Your Methamphetamine Arrest by Dallas Criminal Lawyer Charles Johnson
by Charles Johnson
Related News Stories: Dallas Methamphetamine Arrest
Warrant leads to meth lab
While serving an arrest warrant to a woman for one offense ... smelled a strong chemical smell in the home and then discovered there was a meth lab in the home as well,” Dallas County Sheriff’s Department Capt. Roy Freine said. In addition to the ...
Selam Times-Journal - Apr 13 2013
Meth smuggling’s tragic trail runs right through Dallas area
They occupied one bedroom. Their two small children ... says the Dallas-Fort Worth area and its 6.5 million people play an important role in the Mexican meth industry. North Texas is not only a big market; it also functions as a shipment point, where ...
Dallas Morning News - Dec 23 2012
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Family Violence is a problem that affects every town, city, country and nation. Domestic Violence covers a broad spectrum of violence between couples, spouses, members of the family or various other people who live together. Domestic Violence allegations are quite serious. Should you are convicted, you could confront jail time and other criminal penalties. A conviction will not only destroy your reputation, but your future as well. You could be denied future job opportunities, housing, academic loans and worse, access to your home and children. At the Charles Johnson Law Firm, we see our clients falsely accused of Family Violence on a regular basis. Regardless of whether you are innocent or guilty, Dallas Family Violence Attorney Charles Johnson will fight vigorously on your behalf in order to help protect your legal rights and your future. Speak to us 24 Hours A Day, Seven Days A Week for a free consultation.
All too often the media bombards us with news regarding a high-profile Family Violence case, wherein a man or woman is suspected of murdering their husband or wife, with or without a previous history of domestic abuse.
Violence. How can a individual turn from loving and living with an individual to beating them up or murdering them? What kind of a person resorts to Domestic Violence against their spouse or domestic intimate partner? What kind of individual thinks it is okay to continually humiliate or talk down to their life intimate partner? What kind of an individual has sex with their partner without having the person’s consent and desire to participate?
A popular pattern of domestic abuse is that the perpetrator alternates between violent, abusive behavior and apologetic behavior with apparently heartfelt promises to change. The abuser may perhaps be quite pleasant the majority of of the time. Therein lies the perpetual appeal of the abusing partner and why many men and women can’t seem to leave the abusive relationship.
Domestic abuse is most often among the following:
- child abuse
- abuse of a spouse or domestic intimate partner
- elder abuse
In this article, we explore domestic abuse between spouses and intimate partners: the types of domestic abuse, signs and symptoms, causes, and consequences. Family Violence and abuse are common. The first step in ending the misery is recognition that the situation is abusive.
How is domestic abuse between intimate partners defined??
Domestic abuse between spouses or intimate partners is when one individual in a marital or intimate relationship tries to control the other individual. The perpetrator uses fear and intimidation and may very well threaten to use or may actually use physical violence. Domestic abuse that involves physical violence is designated Domestic Violence.
The victim of domestic abuse or Family Violence may be a male or a female. Domestic abuse takes place in traditional heterosexual marriages, as well as in same-sex partnerships. The abuse could very well occur during a relationship, while the couple is breaking up, or after the relationship is over.
Domestic abuse often escalates from threats and verbal abuse to physical violence. Domestic Violence may possibly even end up in murder.
The key elements of domestic abuse are:
- humiliating the other person
- physical injury
Domestic abuse isn’t really a result of losing control; domestic abuse is intentionally trying to control another individual. The abuser is purposefully using verbal, nonverbal, or physical means to acquire control over the other person.
In many cultures, control of women by men is accepted as the norm. This article speaks from the orientation that control over intimate partners is domestic abuse within a culture where such control is not the norm. Today we see many cultures moving from the subordination of women to increased equality of women within relationships.
What are the sorts of domestic abuse?
The types of domestic abuse are:
- physical abuse (domestic violence)
- verbal or nonverbal abuse (psychological abuse, mental abuse, emotional abuse)
- sexual abuse
- stalking or cyberstalking
- economic abuse or financial abuse
- spiritual abuse
The divisions between these kinds of domestic abuse are somewhat fluid, but there is a strong differentiation between the many forms of physical abuse and the various types of verbal or nonverbal abuse.
What is physical abuse of a spouse or intimate partner?
Physical abuse is the use of physical force against another individual in a way that ends up injuring the person, or puts the person at risk of being injured. Physical abuse ranges from physical restraint to murder. When someone talks of Domestic Violence, they are often referring to physical abuse of a spouse or intimate partner.
Physical assault or physical battering is defined as a criminal offense, whether or not it occurs inside a family or outside the family. The authorities are empowered to protect you from physical attack.
Physical abuse includes:
- pushing, throwing, kicking
- slapping, grabbing, hitting, punching, beating, tripping, battering, bruising, choking, shaking
- pinching, biting
- holding, restraining, confinement
- breaking bones
- assault with a firearm that include a knife or gun
What is emotional abuse or verbal abuse of a spouse or intimate partner?
Mental, psychological, or emotional abuse might be verbal or nonverbal. Verbal or nonverbal abuse of a spouse or intimate partner consists of more subtle actions or behaviors than physical abuse. Although physical abuse may seem worse, the scars of verbal and emotional abuse are deep. Studies show that verbal or nonverbal abuse may be much more emotionally damaging than physical abuse.
Verbal or nonverbal abuse of a spouse or intimate partner may include:
- threatening or intimidating to acquire compliance
- destruction of the victim’s personal property and possessions, or threats to do this
- violence to an object (such as a wall or piece of furniture) or pet, within the presence of the intended victim, as a way of instilling fear of further violence
- yelling or screaming
- constant harassment
- embarrassing, making fun of, or mocking the victim, either by yourself within the household, in public, or in front of family or friends
- criticizing or diminishing the victim’s accomplishments or goals
- not trusting the victim’s decision-making
- telling the victim that they are worthless on their own, without the abuser
- excessive possessiveness, isolation from friends and family
- excessive checking-up on the victim to make certain they are at home or where they said they would be
- saying hurtful things when under the influence of drugs or alcohol, and using the substance as an excuse to say the hurtful things
- blaming the victim for how the abuser acts or feels
- making the victim remain on the premises after a fight, or leaving them somewhere else subsequent to a fight, just to “teach them a lesson”
- making the victim feel that there is no way out of the relationship
What is sexual abuse or sexual exploitation of a spouse or intimate partner?
Sexual abuse includes:
- sexual assault: forcing someone to participate in unwanted, unsafe, or degrading sexual activity
- sexual harassment: ridiculing another person to try to limit their sexuality or reproductive choices
- sexual exploitation (most notably forcing someone to look at pornography, or forcing another person to participate in pornographic film-making)
Sexual abuse quite often is linked to physical abuse; they could occur together, or the sexual abuse may perhaps occur after a bout of physical abuse.
What is stalking?
Stalking is harassment of or threatening another person, especially in a way that haunts the individual physically or emotionally in a repetitive and devious manner. Stalking of an intimate partner can take place during the relationship, with intense monitoring of the partner’s activities. Or stalking can take place after a partner or spouse has left the relationship. The stalker could very well be trying to get their partner back, or they can wish to harm their partner as punishment for their departure. Irrespective of the fine details, the victim fears for their safety.
Stalking can take place at or near the victim’s home, near or in their workplace, on the way to the store or another destination, or on the Internet (cyberstalking). Stalking may be on the phone, in person, or on the internet. Stalkers may never show their face, or some may be everywhere, in individual.
Stalkers employ a number of threatening strategies:
- repeated phone calls, in some instances with hang-ups
- following, tracking (possibly even with a global positioning device)
- finding the person via public records, online searching, or paid investigators
- watching with hidden cameras
- suddenly showing up where the victim is, at home, school, or work
- sending emails; communicating in chat rooms or with instant messaging (cyberstalking: see below)
- sending unwanted packages, cards, gifts, or letters
- monitoring the victim’s phone calls or computer-use
- contacting the victim’s pals, family, co-workers, or neighbors to find out about the victim
- going through the victim’s garbage
- threatening to hurt the victim or their family, friends, or pets
- damaging the victim’s home, car, or other property and assets
Stalking is unpredictable and should always be regarded as dangerous. If another person is
- tracking you,
- contacting you when you do not wish to have get in touch with,
- attempting to control you, or
- frightening you,
then seek assistance as soon as possible.
What is cyberstalking?
Cyberstalking is the use of telecommunication technologies that include the Internet or email to stalk another person. Cyberstalking may very well be an additional form of stalking, or it may be the sole method the abuser employs. Cyberstalking is deliberate, persistent, and personal.
Spamming with unsolicited email is different from cyberstalking. Spam is unable to focus on the individual, along with cyberstalking. The cyberstalker methodically finds and contacts the victim. Much like spam of a sexual nature, a cyberstalker’s message could possibly be disturbing and inappropriate. Also like spam, you cannot stop the contact with a request. In fact, the more you protest or respond, the more rewarded the cyberstalker feels. The right response to cyberstalking is not to respond to the contact.
Cyberstalking falls in a grey area of law enforcement. Enforcement of most state and federal stalking laws requires that the victim be directly threatened with an act of violence. Extremely few law enforcement agencies can act if the threat is only implied.
Regardless of whether or not you can get stalking laws enforced against cyberstalking, you should treat cyberstalking very seriously and protect yourself. Cyberstalking in some cases advances to real stalking and to physical violence.
How likely is it that stalking will turn into violence?
Stalking can end in violence whether or not the stalker threatens violence. And stalking can turn into violence even if the stalker does not have any history of violence.
Women stalkers are just as likely to become violent as are male stalkers.
Those around the stalking victim are also in danger of being injured. For instance, a parent, spouse, or bodyguard who makes the stalking victim unattainable may very well be hurt or killed as the stalker pursues the stalking victim.
What is economic or financial abuse of a spouse or domestic partner?
Economic or financial abuse includes:
- withholding economic resources that include cash or credit cards
- stealing from or defrauding a partner of cash or assets
- exploiting the intimate partner’s resources for personal gain
- withholding physical resources most notably food, clothes, necessary medications, or shelter from a partner
- preventing the spouse or intimate partner from working or choosing an occupation
What is spiritual abuse of a spouse or intimate partner?
Spiritual abuse involves:
- using the spouse’s or intimate partner’s religious or spiritual beliefs to manipulate them
- preventing the partner from practicing their religious or spiritual beliefs
- ridiculing the other person’s religious or spiritual beliefs
- forcing the children to be reared in a faith that the partner has not agreed to
How do I realize if I am in an abusive relationship? What are the signs and symptoms of an abusive relationship?
The more of the following questions that you answer Yes to, the more likely you are in an abusive relationship. Examine your answers and obtain assistance if you find that you respond positively to a large number of the questions.
Your inner feelings and dialogue: Fear, self-loathing, numbness, desperation
- Are you fearful of your partner a large percentage of the time?
- Do you stay away from certain topics or spend a lot of time figuring out how to talk about certain topics so that you do not arouse your partner’s negative reaction or anger?
- Do you ever feel that you can’t do anything right for your partner?
- Do you ever feel so badly about yourself that you think you deserve to be physically injured?
- Have you lost the love and respect that you once had for your partner?
- Do you in some cases wonder if you are the one who is crazy, that maybe you are overreacting to your partner’s behaviors?
- Do you sometimes fantasize about ways to kill your partner to get them out of your life?
- Are you afraid that your partner may possibly try to kill you?
- Are you afraid that your partner will attempt to take your children away from you?
- Do you feel that there is nowhere to turn for help?
- Are you feeling emotionally numb?
- Were you abused as a child, or did you grow up with Family Violence within the household? Does domestic violence seem normal to you?
Your partner’s lack of control over their own behavior
- Does your partner have very low self-esteem? Do they appear to feel powerless, ineffective, or inadequate in the world, although they are outwardly successful?
- Does your partner externalize the causes of their own behavior? Do they blame their violence on stress, alcohol, or a “bad day”?
- Is your partner unpredictable?
- Is your partner a pleasant person between bouts of violence?
Your partner’s violent or threatening behavior
- Does your partner have a bad temper?
- Has your partner ever threatened to injure you or kill you?
- Has your partner ever physically hurt you?
- Has your partner threatened to take your children away from you, particularly if you try to leave the relationship?
- Has your partner ever threatened to commit suicide, especially as a way of keeping you from leaving?
- Has your partner ever forced you to have sex when you didn’t want to?
- Has your partner threatened you at work, either in individual or on the phone?
- Is your partner cruel to animals?
- Does your partner destroy your belongings or household objects?
Your partner’s controlling behavior
- Does your partner try to keep you from seeing your friends or family?
- Are you embarrassed to invite pals or family over to your house simply because of your partner’s behavior?
- Has your partner limited your access to money, the telephone, or the car?
- Does your partner try to stop you from going where you need to go outside of the house, or from doing what you want to do?
- Is your partner jealous and possessive, asking where you are going and where you have been, as if checking up on you? Do they accuse you of having an affair?
Your partner’s diminishment of you
- Does your partner verbally abuse you?
- Does your partner humiliate or criticize you in front of others?
- Does your partner often ignore you or put down your opinions or contributions?
- Does your partner always insist that they are right, even when they are obviously wrong?
- Does your partner blame you for their own violent behavior, saying that your behavior or attitudes cause them to be violent?
- Is your partner quite often outwardly angry with you?
- Does your partner objectify and disrespect those of your gender? Does your partner see you as assets or a sex object, rather than as a person?
In my workplace, what are the warning signs that an individual is a victim of Domestic Violence?
Domestic Violence quite often plays out in the workplace. For instance, a husband, wife, girlfriend, or boyfriend might make threatening phone calls to their intimate partner or ex-partner. Or the worker may possibly show injuries from physical abuse at home.
In the event you witness a cluster of the following warning signs within the workplace, you can reasonably suspect domestic abuse:
- Bruises together with other signs of impact on the skin, with the excuse of “accidents”
- Depression, crying
- Frequent and sudden absences
- Frequent lateness
- Frequent, harassing phone calls to the individual while they are at work
- Fear of the partner, references to the partner’s anger
- Decreased productivity and attentiveness
- Isolation from friends and family
- Insufficient resources to live (cash, credit cards, car)
If you do recognize signs of domestic abuse in a co-worker, get in touch with your Human Resources department. The Human Resources staff should be able to assist the victim without any your additional involvement.
Who abuses their spouse or intimate partner?
Domestic abuse knows no age or ethnic boundaries.
Domestic abuse can occur during a relationship or after a relationship has ended.
A good number of psychological, medical, and legal experts agree that the vast majority of physical abusers are men. On the other hand , women can also be the perpetrators of Domestic Violence.
Nearly all stalkers are also men stalking women. However stalkers can also be women stalking men, men stalking men, or women stalking women.
Dallas Domestic Violence Lawyer: The Charles Johnson Law Firm
As the justice system has come to recognize the social and legal effects of domestic violence, the penalties for conviction of domestic assault have become steeper. This is why it is so important to consult a lawyer who is familiar with your local court system. Seek the assistance of an highly qualified attorney from the Charles Johnson Law Firm in Dallas, Texas to learn more about what you can do to assert and protect your rights.
Dallas Criminal Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.
Call us at 214-234-0111 or toll free at 877-308-0100.
Major Credit Cards Accepted.
Charles Johnson |
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, domestic abuse
, Domestic Violence
, Family Violence
, intimate partner
, physical abuse
, verbal abuse