Domestic Violence in the Caribbean CommunityBy Beatrice Cazeau, Attorney
What is Domestic Violence?Domestic Violence, commonly referred to as DV, refers to acts of violence, such as any assault, battery, kidnapping, sexual assault, stalking, committed against a family member or living partner. The law describes family members as individuals who are related either by blood or marriage or persons who are living together as if a family or individuals who have a child in common. Both men and women can be victims of Domestic Violence. However, statistics show that the number of women who are victims of DV is disproportionately higher then men.
Domestic Violence is not a private family matter. It is criminal.
It is very important that the Caribbean community understands that what may be considered culturally acceptable in the Caribbean is not necessarily acceptable social behavior in the USA. Domestic violence is not a private family matter. The law in this country treats violence against a family member criminally. It is not ok to slap your wife or girlfriend because she is mouthing off. If the police are summoned on a domestic dispute and he determines that a crime has been committed he will arrests the person he believes to have been the “aggressor.” This is noteworthy because sometimes the police may arrests the wrong person.
A person arrested for DV is not granted a bond until a first appearance.
Long gone are the days where the police would allow a Defendant to get an overnight bag and spend the night at a friend or relative’s house to diffuse the situation. Today the law requires that any person arrested for Domestic Violence MUST be kept in jail until he is brought before the court for Bond Hearing. At a Bond Hearing the court determines the condition of release and/or bail amount. In most cases the Court will issue a Stay Away Order as part of condition for release.
What is a Stay Away Order?
A Stay Away Order means you cannot have any contact, whatsoever, with the alleged victim. You cannot visit or call or have another person contact the alleged victim on your behalf. Typically, the court will allow a Defendant up to 48 hours, upon release, to go back to his house, if the victim is living there, to remove his belongings. The defendant MUST be accompanied by the police. Any violation of this Stay Away Order will send the defendant back to jail. You must understand that this is a court order, so just because the victim says she does not want to press charges and wants to have contact with you, stay away or better yet run away. Only the judge can vacate the Stay Away order. Until such time you must stay away.
Can the State prosecute a Domestic Violence case without a victim?
Yes. The law allows for the State to prosecute Domestic Violence cases even when the victim fails to cooperate with the prosecution. Statements made by either the victim, the abuser or even a witness, may be used to prosecute the case even if the person making the statement is unavailable to testify at trial. The law recognizes that many victims of domestic violence oftentimes recant their stories or simply refuse to go forward with the prosecution of their case for several reasons. The close relationship between the victim and her abuser for instance, often leads to reconciliations before the case is ever brought before a judge. The victim considers the effects her abuser’s arrest will have on her children, her financial support and even her love life.
Domestic Violence and its effect on Immigration
A Domestic violence conviction may affect your Immigration status. It may prevent you from obtaining legal residency and may even result in deportation. If you are a legal resident it may prevent you from obtaining U.S citizenship.
Domestic Violence cases are very serious and carry very serious consequences. Professional legal representation should not be overlooked. If you are faced with a domestic violence case, the attorneys at the law offices of Cazeau, Linton Barnes, LLC are ready to help you. As former state prosecuting attorneys for the Dade County State Attorney’s Office, Beatrice Cazeau and Cheryl Linton Barnes prosecuted many domestic violence cases during their tenure.
For more Information contact:
The Law Offices of Cazeau, Linton Barnes, LLC
168 SE 1st Street, Suite 603
Miami, FL 33131
(305) 381-6002
Self - Protection For Women
What is "Self-Protection for Women?"
It's taking steps to protect yourself from violent crime. Self-protection involves:
Crime Prevention:
By understanding the risk and learning how to reduce them, you can make yourself a less likely target for crime.
Knowing what to do after an attack:
You need to take action after a crime, too. This may include calling the police, getting medical treatment or talking to a counselor.
Every Woman Needs to Take Precautions! That's because violent crime can happen:
To any woman: Victims come from all economic classes and cultural backgrounds.
At Any Time Of the Day: Many crimes occur in broad daylight, when you may least expect it.
Just About Anywhere: Woman are often attacked in places that seem safe, such as a home, office or car. Safety depends less on where you are, than on what precautions you've taken.
Fortunately, there's a lot you can do to reduce your risks. Knowing the dangers
helps keep you out of danger. Be sure to Get The Facts:
Rapists don't look any different than other man
In many cases, the woman knows the attacker
Most cases of violent crime involve people of the same race or cultural background
Battering (physical abuse of a partner or ex-partner) is always a crime
Avoid risky situations
Stay alert
Trust your instincts
Consider a course in self-defense
Be Safe At Home:
Secure doors and windows
Keep the home light burning
Get to know your neighbors
Be wary of strangers
Practice "Street Smarts"
Know where you're going
Wear comfortable clothing and shoes
Walk at a good, steady pace
Look confident
Avoid carrying lots of packages
Stay on well-lit streets
Don't wear headphones
Carry a whistle
Take special care when jogging
If your car breaks down on the Highway :
Raise the hood and turn on the emergency flashers
Stay inside the car with doors locked. Wait for the police
If someone stops, ask him or her to call the police or a nearby garage
Carry a "Send Help" or Call Police banner in your car
In the parking lot:
Park in a well-lit spot
Remember where you parked
Have your keys out as you approach your car
Be especially alert in parking garages
Check the back seat and underneath your car before getting in
Once inside, lock your doors immediately
Responding to an attack, size up the situation and ask yourself:
Is help nearby?
What state of mind is the attacker in?
Does the person have a weapon?
Is the attacker interested only in money or valuables? (If so, give them up.
Your life is more valuable).
Act quickly. You have many options For example:
Yell at the attacker
Scream for help
Run away
Fight back--a quick blow to a vulnerable area can take the attacker by surprise.
Aim for the throat, eyes, nose knees or groin
You may decide to do nothing. But, whatever you choose to do, never second-guess yourself.
Protect Yourself from Violent Crime!
Remember: That every woman is a potential victim
Take Steps: To reduce your risks
Get Help: If you've been attacked
Take charge of your personal safety!...
305-781-0264 / nadiapierre@hotmail.com
Nadia Pierre & Associates
P.O. Box 612615
North Miami, Florida 33261