Joseph D. Lento, Esquire’s Post

Judges Cracking Down on Domestic Violence Across the country, judges are cracking down on domestic violence, opting for harsher sentences and fines. It's more crucial than ever that defendants in these cases have solid representation. A good criminal defense lawyer will not only advocate for the accused but also help navigate the complexities of the legal system. The Lento Law Firm has skilled criminal defense attorneys ready to help with your domestic violence case. If you've been accused, we can help. Increase in Domestic Violence Cases Domestic violence penalties in New Jersey vary by degree. Simple assault and harassment come with up to six months in jail and a fine of up to $1,000. The most severe form, which includes homicide, can lead to a lifetime sentence. But in general, New Jersey domestic violence tends to bring 5-10 years in prison. As one recent case demonstrates, though, judges are increasingly choosing the higher end of that sentence. A Minotola man plead guilty to attacking his girlfriend with a folding knife. The judge sentenced him to 10 years, mandating that he serve at least 85 percent of that sentence before being eligible for parole. The 10-year sentence, combined with the eligibility requirement, shows the hard line that courts are now taking against domestic violence. They also highlight the importance of a good defense team. New Jersey Domestic Violence Penalties The Minotola case is an example of how wide-ranging the charges can be... https://lnkd.in/e5hCtVAB

Domestic Violence Charges Include New Partners Domestic violence is a horrible crime that affects, on average, 20 people a minute. In Pennsylvania, such charges can sustain anywhere between 1 year in jail for third-degree misdemeanors and up to 20 years in prison for first-degree felonies. With such devastating potential punishments, we can all agree that the prosecution must prove first and foremost that the defendants actually committed the domestic violence.  For a crime to fall under the domestic violence umbrella, it must refer to alleged abuse between individuals who are involved in a qualifying domestic relationship. While most people believe that domestic violence can only happen between current or former partners or spouses or family members sharing a home, it can extend to other individuals, such as new partners or children of former partners. Thus, if you or someone you love has been accused of domestic violence, but there is no qualifying domestic relationship, even with a new person entering the relationship in some way, your case should be dismissed. Either way, you need a strong defense from a competent criminal law team. Domestic Violence Charges Can Ruin Your Life Cases of domestic violence are constantly in the news. For instance, in January 2024, Christopher Moore Jr., a resident of Lansdale, Pennsylvania, was sentenced to spend decades in state prison after pleading guilty to burglary and third-degree murder. Moore had broken into his... https://lnkd.in/ezhNWMW8

Judges Unaware of Custody Court Crisis, Barry Goldstein & Veronica York “Courts cannot save children if they are unaware that standard court practices routinely place children in jeopardy. Researchers, experts in domestic violence and child sexual abuse and people who can count fatalities know custody courts are getting a high percentage of abuse cases tragically wrong. Unfortunately, judges, lawyers and evaluators live in an insular world shielded from the awful consequences of their routine mistakes. […] Closing the Circle on Custody Court Failures How can courts respond effectively to abuse cases when they aren’t using the most important and relevant research and rely on professionals who do not have the necessary knowledge? They can’t and it is the children who keep paying the price—often the ultimate price. […] Today, court professionals are taught to treat these domestic violence cases as “high conflict.” The courts assume they have two good parents who are angry at each other and act out in ways that harm the children. So, mothers and children are pressured to accommodate their abusers instead of requiring fathers to change their behavior if they want a relationship with their children. This works great for abusers who sought custody to regain access and control over their victims. Mothers are routinely punished for trying to protect their children as we would expect good mothers to do. None of the court professionals seem to notice that high conflict and shared parenting move the courts away from safe parenting as a priority that benefits children.” https://lnkd.in/eHFEPi_e

More than 70 per cent of men who killed their current or past female partners had at least two interactions with police, the legal system or child protection before the killings, an analysis of a decade’s worth of sentencing comments has revealed. The fact that one in four of the killers were on bail is “a particularly significant finding”. “We can see these are not men for whom violence comes out of the blue. These are often men with significant histories,” says Professor Kate Fitz-Gibbon. Those histories included being exposed to violence as young people themselves. The Monash University report, Securing Women’s Lives, released today, highlights the need for family violence risk assessment to be introduced routinely to include the risk posed by men already seen by the system to their partners or ex-partners. Risk assessment is typically centred on that faced by victim-survivors. “The study supports recent calls for a greater focus on the perpetrators of this violence: there is a need for all Australian states and territories to embed effective perpetrator risk assessment and management practices,” says Ms Fitz-Gibbon. Read the report here: https://ow.ly/1tum50SlnO2 The Age article here: https://ow.ly/szWn50SlnO3

Please read this latest story via link below to read yet another example of how victim care and victim rights are always the last consideration, just how our systems are broken, and how victims are totally powerless to do anything at all about it. In truth victims have no rights. Seen far too often as a ‘useful commodity’, needed at the start of the process and then to give evidence in court, but otherwise an often in between just a ‘nuisance’. Then they are expected to just tolerate whatever is dealt out in the courtroom, often over many weeks as offenders and their families treat them like this. The offenders and their families often get away with this repeatedly. I have witnessed some horrific examples of this in numerous cases I spent months in court with, supporting families in murder trials. Makes my blood boil every time! https://lnkd.in/eyh2Pe2W Thankyou Charlie Peters and GB News for being the only msm channel to continue to highlight these injustices, whilst the rest of the msm continue to look away. The thing to remember is that behind each of these ‘stories’ lies a victim whose life have been destroyed, who may have fought for 20 years to find some sort of justice. And even after all that, they are yet again powerless in the face of such abuse and system failures.

Increase in Domestic Violence Incidents in Camden County Police in Camden County, New Jersey, have shared data revealing a significant increase in the number of domestic violence incidents reported to the police. Between 2016 and 2020, the number of domestic violence incidents within the city of Camden jumped from 2,450 in 2016 to 2,871 in 2020. While data on the years since 2020 has yet to be released, Camden County Deputy First Assistant Prosecutor claims the numbers are still increasing. These findings are hardly a surprise; incidents of domestic violence spiked during the COVID-19 pandemic. Financial struggles and substance abuse disorders are drivers of domestic violence, both of which were more prevalent and exacerbated by the pandemic. Even in the years following the pandemic, the National Domestic Violence Hotline CEO, Katie Ray-Jones, stated their contact volume remained up 25 percent compared to pre-COVID-19 volumes. Domestic violence can happen to anyone. When you think of domestic violence, you may be thinking of a weak woman or child and an angry drunk man, like the typical domestic violence we see on TV every day. But domestic violence can happen to anyone and be inflicted by even the most upstanding appearing citizens. If you are a victim of domestic violence, the Lento Law Firm Family Law Team is here for you. Our team will walk you through your legal options to ensure your safety. What Is Domestic Violence? Domestic violence is certain acts of... https://lnkd.in/ehfsMDuD

Many victims of domestic or sexual abuse don't want to report it to the police and who can blame them given where we are at the moment? However, that doesn't mean there aren't other options for victims. Non-molestation orders are injunctions that victims of domestic or sexual abuse can apply for via the family court designed to prohibit harassing, abusive or threatening behaviour. Here is a quick overview of the difference between non-molestation orders and restraining orders: Restraining order: - can only be given by a judge as a result of criminal court proceedings (e.g. a trial or sentencing) - can be given whether the perpetrator is found guilty or not-guilty - police/CPS should ask the victim whether they want one in order to put an application in at court. If they don't ask, make sure you tell them as they cannot be given after court proceedings are finished. Non-molestation order: - can apply yourself via the family courts - provide a statement and any evidence you have - do not need to go through criminal courts - family court will contact police forces for any relevant reports - can obtain an emergency order if risk is high enough. Lots more info on the Gov website or NCDV website below. 👇🏻 I have also shared posts about both RO and non-mols on The Real Project's Instagram page - @therealprojectuk. Many victims suffer in silence when there are other options out there. My DMs are always open for anyone who wants further advice on this. #vawg #domesticabuse #injunctions #familycourt https://lnkd.in/gwW5aeFT

Too many women and girls are killed at the hands of men due to failures in the criminal justice system. We demand that all political parties, including the current Government, commit to the following: ⚠️ Ring-fenced funding of £238 million per year, as called for by Refuge, for community-based domestic abuse support. This must include specialist ‘led by and for services’, which are culturally competent and appropriate, to address the structural racism and other forms of bias that exist within criminal justice systems. ⚠️ Independent advocates embedded throughout the criminal justice system to support victims and work with police, magistrates and other professionals to properly assess risks posed by perpetrators. ⚠️ A statutory duty for every police officer or force to immediately refer all victims/survivors who report their abuse to specialist support services. Referrals should be made regardless of the action taken on their case and the level of risk attributed by non-specialist police staff. ⚠️ A statutory duty on local authorities to provide specialist advocacy support to all victims/survivors within their communities. ⚠️ The re-establishment and accreditation of a national network of Specialist Domestic Abuse Courts, including establishing the rights of victims to access them and special measures to ensure these courts are adhering to the principles that class them as specialist. Without immediate drastic change, more women will die. Read Advance report 'Her Story, Her Justice' 👉 https://lnkd.in/eZ5QB-8T #criminaljustice #domesticabuse #juaticereform #police #ministryofjustice https://lnkd.in/enaSyYED

Today's National Cabinet announcement on domestic, family and sexualised violence funding has some important components, 'but' the bulk of the funding is critical support for community legal and other grass roots legal services work that the federal government should be funding as a matter of course. Outside of that is approx. $150m additional funding per year across the whole of the country. If that is administered on a population basis rather than needs-based funding, the NT, where the need is greatest on a per capita basis, would get just a few million per year out of this. Needs-based funding is essential to prevent domestic homicides in the NT. $4.7b looks great as a topline figure, and there are some important initiatives wrapped into the announcement, but outside of funding security for community and public legal services that should be provided as a matter of course, it's a very small announcement. Let's not get dazzled by the topline figure. Let's also hope the new national partnership agreements are the start of something bigger, that the audit of gaps in children's services is taken seriously, that the audit of government systems that enable perpetrator systems abuse is done with courage, and that the important focus on high-risk perpetrators does not further imprison Indigenous people including children. Tireless work from so many has gone in behind the scenes to make this announcement happen. It's an important but small start. Foundations to build carefully upon, that require our watch on the double-edged consequences of benefits and harms arising from police and criminal justice driven focused deterrence responses to serious risk users of violence.

12 November 2024 Shah Alam Sessions Court Section 14(a), Sexual Offences Against Children Act 2017 _____________ Under the Sexual Offences Against Children Act 2017, a conviction can be secured based solely on the child’s testimony. Discrepancies in the testimony—such as inconsistencies in dates or details of the alleged act—are often treated as minor mistakes, not necessarily undermining the case. The Act aims to strengthen protections for children against sexual abuse and ensure that perpetrators are held accountable. However, one potential concern is its misuse to defame or falsely accuse individuals. Allegations of inappropriate touching may be easier to make than accusations of rape, yet both charges carry almost a similar penalties. In the case of PP v PU Azman, the accused was sentenced to 24 years in prison and 12 strokes of caning for two counts of offences under Section 14(a) of the Act. In contrast, in PP v Daie Syed, the accused received a sentence of 10 years in prison and three strokes of caning for the rape of an adult. Notably, in PU Azman’s case, no rape was involved, yet the accused received a harsh sentence, with 12 years of imprisonment and caning for each offence, served consecutively. This could set a concerning precedent, encouraging prosecutors to charge suspects under the Sexual Offences Against Children Act instead of Section 376 of the Penal Code for sexual offences. It is impossible to commit rape without touching the victim, and if it is easier to convince the court that a sexual offence occurred under this Act rather than proving rape, why would one bother charging the accused with rape? Food for thought..🤔