What is Domestic Violence?
Domestic violence is viewed as a serious matter in all 50 states. Domestic violence occurs when one partner (in a romantic relationship, typically husband and wife) physically, sexually, or emotionally abuses the other partner. Domestic violence is rarely a singular act. A charge of domestic violence typically occurs after a series of behaviors where the abuser seeks control over his partner.
Domestic violence can take place between married, dating, or cohabitating couples in both heterosexual and homosexual relationships. The perpetrator can be a man or woman, and the abuse may occur regardless of race, religion, education levels, or socioeconomic status.
Domestic abuse can span several types of violent behaviors. Physical abuse, which is the most serious form of domestic violence, includes hitting, slapping, pushing, choking, or any other physical action that precipitates harm to the victimized party in the relationship. Physical abuse in a domestic violence charge can also constitute property damage, where one partner destroys the other partner’s possessions or throws materials at them to solicit physical damage.
Emotional abuse is another common form of domestic violence. Such forms of abuse are marked by name calling, intimidation, perpetual name calling, and requiring permission for daily or normal actions, such as spending money or leaving the house.
Sexual abuse is the other form of domestic violence which can occur against a victimized party in a relationship. Sexual violence extends to manipulating or abusing a partner into sexual intercourse.
The codes and statutes which define and outline the punishments for a domestic abuse charge will vary based on the jurisdiction and location of where the illegal action took place.
The charges and subsequent punishments attached to a domestic abuse charge will vary based on a case-by-case scenario. That being said, all forms of domestic abuse are considered illegal in all 50 states. The severity associated with the action will constitute and further define the punishment attached. Those instances where physical abuse is the foundation of the charge will carry more severe punishments than those actions which were enshrouded in emotional abuse.
Typically the end result of a domestic abuse case is a jail sentence (typically issued in physical cases), a divorce, or a restraining order. Regardless of the penalty, the action is viewed as a horrible violation of criminal, civil, and marital laws.
If you or a loved one is a victim of domestic abuse, it is essential to hire a domestic abuse attorney. These legal professionals are well-versed in the relevant jurisdiction’s (as well as the broader Federal law) interpretation and classification of domestic abuse law. A domestic abuse attorney will fight for your case and attempt deliver a favorable settlement to either punish the alleged party, obtain a restraining order against the alleged party, or to initiate a divorce proceeding