Pages Menu
TwitterRssFacebook
Categories Menu

Posted by on Jan 23, 2016 in Domestic violence |

Domestic violence

Domestic violence laws are broad field within family laws dealing with one of the most serious legal problems nowadays.

The term refers to any kind of abuser’s behavior that causes emotional or physical harm to the family, relatives, partners or any other people who cohabitate with an abuser. It includes physical and emotional violence, financial abuse, isolation or intimidation of the victims and the threats. The most common victims of the domestic violence are women and children. Domestic violence laws include civil methods of protections of the victims.

sasa

Domestic violence is a crime in every state, though these specific areas of the family laws vary from state to state. The cases of the domestic violence can be processed at the criminal court, when the state prosecutes the abuser, at the civil court or the family court if domestic violence affects a divorce or abuser’s rights to custody and visitations.

A criminal case can lead to one of two ways. The defendant can choose to go to the trial, fight allegations and potentially proves his innocence and keeps a clean record. The second option is to plead guilty and choose no contest plea bearing penalties imposed by the court.

The criminal prosecution starts by calling a police, but in order to secure themselves, victims can ask family court to grant restraining order. Restraining order is the most common way of protecting victims and is designed to prevent the abuser from crossing a distance specified by the law towards victim.

When the victim decides to file for restraining order, two things need to be proved. The first one is a relationship with the abuser in a form of marriage, living together, dating, having a child with the abuser or being his relative.

domestic-violence

The second thing, more complicated for proving, is that the act of the violence actually did happen. If the victim succeeds in proving this, either by medical record showing physical harm, recorded conversations, video tape showing the act or anything similar, the court will grant restraining order. Maybe you need help from website here.

As a penalty, the court can mandate abuser to leave the home, to stay away from the family, order temporary child custody or many other decisions.

Read More