Domestic Abuse

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Domestic Abuse

Domestic abuse is the control, violence, abuse, and/or willful neglect that occurs between two people who share an intimate relationship or are family members. Historically, domestic abuse has been viewed as a private matter out of the scope and concern of law enforcement and the legal system. However, states have been prompted to enact domestic abuse laws and social programs to protect those who suffer serious personal injury, psychological devastation, and other damages as a result of domestic abuse.

Domestic abuse programs at the state and local level attempt to mitigate the silence and shame that have long haunted domestic abuse victims and provide them with legal rights and protections against domestic abuse. These programs attempt to de-stigmatize domestic abuse and educate citizens about the impact and characteristics of this criminal and civil offence. Many places offer shelter, legal services, and other resources to the victims of domestic abuse.

Domestic abuse can involve a number of offenses that can be physical, psychological, emotional, sexual, economic, or negligent in nature. The following are just some of the criminal offenses that may be considered cases of domestic abuse: assault, battery, child abuse, reckless endangerment, stalking, rape, sexual assault, harassment, rape, robbery, property destruction, kidnapping, negligent homicide, justifiable homicide, murder, and more. Domestic abuse is also considered a civil offense for which the victim may seek compensation for their damages and suffering against the perpetrator.

The civil and criminal consequences of domestic abuse will depend on the specific circumstances and the state laws regarding these offenses. Most states have made it unlawful for any party to interfere with the reporting of domestic abuse. Many states also mandate the arrest of an abuser after a violent incident whether or not the victim wishes to press charges. In cases where an arrest is not made, the law often requires that law enforcement file a domestic abuse report. In the eyes of the law, the domestic abuse victim is often considered a witness in a criminal case, and does not have the right to drop charges against the defendant. Typically domestic abuse criminal charges can only be dropped at the request of the district attorney with judge approval. In civil cases, the victim of domestic abuse may have the right to file suit against the defendant.

Domestic abuse often involves a number of special legal issues. The victim of domestic abuse may obtain a court order, called a “no contact” or restraining order, which prohibits contact between the offender and the victim. A civil protection order may also legally prevent an offender from coming near the victim or may order the eviction of the offender from a shared residence.

If you have been the victim of domestic abuse contact us today to discuss your legal rights.

For more information on domestic abuse, Click Here

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