Friday, May 13, 2011

Mental Illness in Domestic Relationships

Mental illness is a pervasive issue in society and will probably always be part of the human condition.  There are a wide range of problems to deal with from depression to schizophrenia.  Our society is developing new ways of treating mental illness at a rapid pace, but many times mental illness goes undiagnosed, untreated or mistreated for long periods of time.  Normally, it is these untreated or mistreated issues that give rise to mental illnesses playing a role in domestic violence cases. 
This topic is very complex, and it cannot be covered sufficiently in this small blog entry, but you should know that it can play a role in the defense of a criminal case, and the facts of a Defendant's specific case can be addressed in great detail with their individual attorney.
Mental illness can become part of a criminal case in a number of different ways.  In some circumstances, mental illness can be a factor in an insanity or competency defense.  These are usually not much of a factor in any criminal cases, nevertheless misdemeanor domestic violence cases.
In other cases, problems with mental illness can be used in more subtle ways. 
In cases where alleged victims of Battery Domestic Violence have a mental illness, a few issues that should be evaluated are: capacity to perceive events, inability to control one's actions, or self-defense defenses.  These can be raised in Battery Domestic Violence trials or negotiations with prosecutors. 
For Defendants with mental health issues, interaction with the criminal justice system may allow them another chance to address problems with proper diagnoses and treatment.  Mental health problems can sometimes be discussed with a prosecutor or judge in mitigation of aggravating events in a case, and potential treatments for these conditions can be integrated into sentences.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.