Get Even More Visitors To Your Blog, Upgrade To A Business Listing >>

Dealing with Domestic or Intimate Partner Violence

Family and Domestic Violence is a major problem in the United States with nearly 10 million people affected by it every year. With one in four women and one in nine men being victims of domestic violence, problems like poor psychological and physical health decreased quality of life, and mortality has emerged as concern areas. Domestic violence affects not only the victims but their family members, co-workers, and the community. With the national economic cost of domestic violence estimated to be more than $12 billion annually, US laws call for providing full support to the victims through counseling, legal recourse in criminal cases, and protection from further abuse.

What is Domestic Violence?

To understand the legal recourse for domestic violence victims, we must know what exactly constitutes domestic violence.  As per law domestic violence refers to violence or abuse in a marriage or cohabitation scenario. It can happen to anyone at any age and occur in same-sex relationships as well as heterosexual relations. The term domestic violence can also include violence against children and the elderly and can take many forms- physical, mental, verbal, emotional, and sexual abuse.

A major cause of worry in such situations is that the abuser often does not find anything wrong with the abuse and that the victims feel trapped due to isolation from their family and friends, lack of finances, fear, shame, and cultural acceptance. This often leads to the development of physical disabilities, severe psychological disorders, and chronic health problems.

Types of Domestic Violence

Domestic violence can be:

  • Physical: Any form of assault committed against a partner or children, or pets
  • Sexual: If a partner in marriage or an intimate relationship engages in any form of sexual activity without the other partner’s consent.
  • Emotional: Controlling a spouse or an intimate partner by using emotions as a weapon.
  • Economic: Deprive the partner or spouse of money to make them dependent or financially powerless.

How Does the US Law handle Domestic Violence?

Domestic abuse acts like hitting are viewed as criminal felonies or misdemeanors in every US jurisdiction but each state approaches the issue of domestic abuse in a different manner. While some states treat these crimes like assault, others have more severe punishments in cases where the victim is a romantic partner.

Some US states view trespassing and disorderly conduct under the domestic violence category while others take charges like harassment, stalking, and cyberstalking seriously. States like Colorado have strict laws against domestic violence and call for the immediate arrest of one or both parties on the scene. In many states, domestic violence offenders are put through counseling and treatments to address anger management or alcohol-related problems.

Minnesota law not only criminalizes domestic violence but also requires police officials to provide victims emergency shelter and other services like advocacy, referrals, and counseling. Again, states like Delaware prohibit not only acts of physical violence but also threats of violence to the victim as well as the victim’s children. States like California have a family code that contains provisions for governing protection for domestic violence victims. This includes the issuance and enforcement of the Order for Protection or OFPs.

Legal Help for Domestic Violence Victims

The US legal industry has created a community of legal representatives to help the victims of domestic and sexual violence. The legal options for helping these victims include a sexual assault civil lawsuit or a criminal case if there is proof beyond reasonable doubt about the violent acts.

  • Right to Safety – Victims who file criminal cases have the right to be safe during the court proceedings and have the right to seek separate waiting areas, staggered court times, and other measures essential for their safety. The 1994 Violence Against Women Act (VAWA), offers the victims of domestic abuse the right to have the confidentiality of a new address.
  • Right to Information – Law requires the victims to be notified of all court proceedings involving the abuser such as sentencing, guilty pleas, and parole hearings.
  • Restitution – The mental and physical trauma caused by abuse often leads to loss of income. The law offers restitution or money to the victims to help them pay the bills created due to the abuse or violence.
  • U-Visas – Another relief available to the victims of domestic violence in the United States is the concept of ‘U-Visas.” This allows immigrants who are victims of certain crimes including domestic violence or have information about such crimes to apply for US residency. The enforcement officials have to certify that the individual’s help is necessary for the investigation.

Victims of domestic option can use the national domestic violence hotline at 1-800-799-SAFE or visit www.TheHotline.org to seek help.

The post Dealing with Domestic or Intimate Partner Violence appeared first on Find US Lawyers.



This post first appeared on Lawyers, please read the originial post: here

Share the post

Dealing with Domestic or Intimate Partner Violence

×

Subscribe to Lawyers

Get updates delivered right to your inbox!

Thank you for your subscription

×