What are your legal rights for domestic violence?
In the US, nearly about 10 million people report domestic violence every year. Besides, nearly 20,000 phone calls are reported through the hotlines regularly. There are severe punishments for those guilty of vomiting domestic violence. It includes long-term effects and is often permanent as well. Let’s check out the possible domestic violence penalties one can face when charged with a domestic violence act.
What is the definition of domestic violence?
Domestic violence is defined as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or kill another person.
What are some signs of domestic violence?
There are many signs of domestic violence. Some common signs include:
- Threatening or intimidating behavior
- Controlling or coercive behavior
- Physical violence
- Sexual violence
- Emotional abuse
- Economic abuse
- Using children to control or manipulate a partner
- Minimizing, denying, or blaming the victim
- Making light of the situation or not taking it seriously
- Blaming the victim for the abuse
- Threatening to commit suicide if the victim leaves
- Threatening to kill the victim.
What does domestic violence indicate to?
This is categorized as terrible violence against another member residing in your home. It can include relatives exposed to roommates, elderly people who are 65 or older or sexual and dating partners. Usually, we have seen children and spouses living in the same family are the common victims of this kind of violence, but victims can even include other members who are living under the same roof.
In some states, the aggressor and victim do not have to live under the same roof or ever live together to classify under the domestic violence category. A few other states have different interpretations. For instance, in Florida, the term “family or household members” is defined as-Spouses
– People related by blood or marriage
– People who are presently living together as if a family or who have resided together in the past as if they were a family
– People who have a child together, regardless of whether they are married or have ever resided together
– People who are dating or have dated in the past, including same-sex couples
– People who may have had a biological or legal parent-child relationship, including children who were adopted
What happens when you report domestic violence?
The law enforcement will investigate to check the accusations. If they find any signs of abuse, they will immediately arrest the abuser. In case, if the victim is not in a condition to make any decisions or is under some kind of threat, law enforcement can also file for a restraining order on behalf of the victim.
What are the different types of restraining orders?
There are three types of restraining orders which are as follows:
-Emergency Protective Orders: This is the first type of restraining order which is issued when there is an immediate threat to the victim’s safety. This order can be given without the abuser being present in the court. The order will last for 7 days and during this time, the abuser will have to stay away from the victim and will not be allowed to contact them.
-Temporary Restraining Orders: A temporary restraining order is issued when the abuser is present in the court. This order will last for 20 days and during this time, the abuser will have to stay away from the victim and will not be allowed to contact them.
–Permanent Restraining Orders: A permanent restraining order is issued when the abuser is present in the court. This order will last for up to 5 years and during this time, the abuser will have to stay away from the victim and will not be allowed to contact them.
What are the different types of domestic violence acts?
Basically, this violence is charged in the form of a misdemeanor, but can also be charged in the form of a felony in case of significant violence. The criminal history of the aggressor service is also considered in this case. Various types of domestic violence can include the following:
- Sexual assault
- Child abuse
- Emotional abuse
In case the accused is proven guilty of stalking, he/she might face a jail term of 1 year or less with a fine that can go up to $500 or both. If the act involves serious injury, it can result in 5 years or less in prison along with a heavy fine.
If an accused has been proven guilty of abandonment, he/she might face a fine of up to $1,000 or less with a jail term that can go up to one year or both.
This is one of the most severe types of domestic violence. The punishment for this crime depends on the gravity of the situation and the impact it has on the victim. It can result in a jail term of 2 to 20 years along with a fine that can extend up to $10,000 or both.
If the accused has been proven guilty of kidnapping, he/she might face 5 to 99 years in prison along with a fine that can extend up to $10,000 or both.
In case of battery, the accused might face a jail term of up to 6 months along with a fine that can go up to $500 or both. If the victim has been seriously injured, the jail term might extend up to 2 years or more along with a fine that can reach $2,000 or both.
This is one of the most severe types of domestic violence as it involves a minor. The punishment for this crime can range from 2 years to 20 years in prison along with a fine that can extend up to $10,000 or both.
This type of domestic violence usually does not have any physical evidence. So, it is difficult to prove in court. However, if the accused has been proven guilty, he/she might face a jail term of up to 1 year or less with a fine that can go up to $500 or both.
If the accused has been proven guilty of assault, he/she might face a jail term of up to 1 year or less with a fine that can extend up to $500 or both. If the victim has been seriously injured, the jail term might be extended to 2 years or more along with a fine that can reach $2,000 or both.
These are some of the domestic violence penalties one can face when charged with a domestic violence act.
Domestic violence is a serious issue and should not be taken lightly. If you or someone you know is a victim of domestic violence, please seek help from a professional or the authorities immediately.
Battery and assault
The most common forms of domestic violence are battery and assault.
Assault can be defined as intimidation without resorting to any kind of physical abuse. Again, the battery is just the opposite. It can be defined as the physical violence act toward victims without their consent. In some cases, simply grabbing or touching an item that the victim holds is considered a battery.
Battery can be classified under two sections aggravated and simple:
The simple battery is charged in the form of a misdemeanor because this act leads to mild harm. This is often charged as a felony. Again, aggravated battery leads to severe harm like intense bodily harm, extreme pain like broken bones and sometimes even death.
What are the charges for domestic violence?
The actual punishment for this kind of violence depends entirely on whether the charges are deemed in the form of a felony or misdemeanor and how the state decides to go ahead with it.
When someone is arrested for committing domestic violence, they are awaiting their punishments and charges.
Let’s discuss some possible penalties for committing domestic violence:
- Community service
- Jail time
- Intervention programs
- Firearm loss
This order takes the real victim of the case from being abused further by the offender.
Generally, there are two sections for protective orders:
- Protection order
- Emergency protective orders
There are multiple different types of protection orders:
- Peaceful contact
- No contact
- Stay away
- Move out
Sometimes the offender has to pay fines according to the order of the law, and sometimes it can be as significant as thousands of dollars or even more. The fine amount can be low if the abuser is charged for the first time for domestic violence. The victim can file a lawsuit against the aggressor to collect fines against medical bills, emotional distress and damaged property.
The jail sentence will depend on the type of offense and how severe it is. To be precise, it entirely depends on the state’s law. The abuser might have to spend some nights in jail or even a few years depending on the situation. Jail time is usually given to those who violate protective orders, batters, and stalkers.
The abuser has to meet specific conditions during this time, or he might have to face jail time. The conditions may vary from attending classes to alcohol and drug counseling. If the abuser fails to complete the probation requirements, he might have to face jail time. Usually, probation is given in cases where the abuser is not guilty of any felony.
Loss of custody and visitation rights
The abuser might lose the right to see his children if he’s been proven guilty of domestic violence in some cases. The court may also order supervised visitation, which means that the abuser will have to be watched by someone else when he meets his children. In some cases, the abuser might even lose his parental rights.
Loss of right to own a firearm
The abuser will not be allowed to own or carry a gun if he’s been convicted of domestic violence in some states. He also won’t be able to get a hunting license. This is because it’s been proven that abusers are more likely to use guns to threaten or hurt their partners.
These are some of the possible punishments for domestic violence, but the actual sentence will depend on the severity of the offense and the state law.
Reasons behind domestic violence’s occurrence
There are many reasons why domestic violence occurs. Some of these reasons include:
Substance abuse: Drugs and alcohol can make people more aggressive and violent. People who abuse substances are more likely to commit domestic violence.
Mental illness: Mental illness can make it difficult for people to control their emotions and impulses. People with mental illness are more likely to commit domestic violence.
Stress: Stress can make people feel overwhelmed and frustrated. This can lead to domestic violence.
Previous experience of violence: People who have been victims of domestic violence are more likely to be perpetrators of domestic violence. This is because they learn that violence is an acceptable way to deal with conflict.
Inequality: Inequality between partners can lead to domestic violence. This is because the person who feels unequal is more likely to feel powerless and resentful, which can lead to violence.
These are just some of the reasons why domestic violence occurs. If you are experiencing domestic violence, it’s important to get help. There are many resources available to help you, including hotlines, shelters, and support groups. You don’t have to suffer in silence. Help is available.
What are some ways to prevent domestic violence?
There are many ways that you can prevent domestic violence from happening. Some of these include:
Communication: Communication is key in any relationship. It’s important to talk to your partner about your needs and expectations. This can help prevent misunderstandings that can lead to violence.
Conflict resolution: It’s important to learn how to resolve conflict in a non-violent way. This includes learning how to communicate effectively and compromise.
Equality: It’s important that both partners feel equal in the relationship. This can help prevent one partner from feeling powerless, which can lead to violence.
Respect: It’s important to respect each other’s needs and boundaries. This can help prevent violence.
These are just some of the ways that you can prevent domestic violence. If you are experiencing domestic violence, it’s important to get help. There are many resources available to help you, including hotlines, shelters, and support groups. You don’t have to suffer in silence. Help is available.
Domestic violence is a serious problem that can have long-lasting effects on the victim. If you are a victim of domestic violence, it’s important to get help and support from a safe place. There are many resources available to help you, including hotlines, shelters, and support groups. You don’t have to suffer in silence. Help is available.