Abuse
There is no formula for approaching Abuse cases, and often the way forward is very fact specific. What comes out of the situation is basically typcially two cases happening at once. First is the criminal court Abuse / Assault case which happens in the Honolulu Court and second typically will follow the Temporary Restraining order (TRO) case in Family Court out in Kapolei.
The case gets even more complicated if the couple files a divorce and start battling for custody of any children that might be involved. Where this happens the TRO will become a major issue, and sometimes the concern about household safety temporarily will put the criminal case on the back burner. However, for the defendant the criminal case should never be far from their mind. The impact of a criminal conviction can be huge. Cases under HRS 709-906 can carry a mandatory minimum jail time and are not deferrment eligible. If the Defendant is employed by the military, or holds some other job where carrying a firearm, gun or other kind of weapon, a conviction for domestic abuse (defined extremely broadly) the federal Lautenberg Amendment can jeopardize their career since they're no longer allowed to carry a weapon.
Not always, but sometimes the state will pursue a case in which the complaining witness (i.e. "victim") and the Defendant or Accused are already back together. Of course, this isn't a bad thing. There are victims out there who lack the perspective to know when they face an extremely dangerous situation. However, other times the court involvement marks an interruption in what is otherwise a very healthy relationship.
Knowing how to recognize these situations, and being able to maintain perspective is where the attorneys come in. Sometimes agreeing to a stipulated protective order avoids the finding of fact in the TRO case that can strengthen the state's criminal case. Sometimes a delay in the TRO hearing, no matter how painful because it limits access to children, is in the client's best interest. On the criminal side, it's impossible to predict what evidence the state has before getting discovery. And therefore it's nearly impossible to advise on your client's best course other than speaking generally about the various routes the case might take. Things to consider, the extent of injury to the parties, the contents of the statements, whether the defendant has made a statement, whether there were witnesses to the alleged assault, whether there is evidence of a mutual affray, or whether the case was perely pushing and shoving. Whether the defendant has a criminal record. Whether there are other mitigating factors to consider, whether the couple is reconciled, what the family situation is like at present. All of this needs to be considered.
Whatever the reason, the economy, the weather, or just stress, it seems like more of these cases are appearing lately. If you need any assistance with any legal matters, including TROs and/or domestic abuse, you should feel free to contact us.