Did You Know?
A woman is beaten every 15 seconds. (Bureau of Justice Statistics, Report to the nation on Crime and Justice. The Data. Washington DC Office of Justice Program, US Dept. of Justice.)
Family Law - Domestic Violence
Domestic violence is abuse between family members or related persons. Domestic violence may come in many forms: actual physical abuse, threats of physical abuse, emotional abuse, threatening telephone calls, disturbances at a place of employment, stalking, and other forms of dominance and control. Domestic violence can take many shapes and forms and can happen all the time or only once in a while. An important step toward helping yourself or someone you know in preventing or stopping domestic violence is recognizing the warning signs. These include:
- Spousal Abuse
- Battery
- Assault
- Criminal Threats
- Threatening phone call
- Damage phone/cable/ or TV line
- Intimidating a witness or victim
Consequences
Domestic Violence charges can be charged as either a felony or misdemeanor. Usually this is determined by the seriousness of the case. Severe cuts and broken bones will almost always be charged as felonies. No injury or slight injury cases will be charged as misdemeanors. Prior acts of violence by the person charged may also factor into the Prosecutor's decision to file it as a felony.
If charged as a felony, the defendant could serve at least 2 years or more in the state prison. If charged as a misdemeanor, the punishment is not more than 1 year in the county jail. Also, the law requires that the defendant complete a 52-week program. The will most include an order a stay away order, which prohibits the defendant from having any contact with the victim.
What to do if you are a victim of Domestic Violence
First and foremost, it is vital to report any incidents of domestic violence to the local authorities (police) as soon as possible. Hiring an attorney is also an important tool for your own benefit. Besides informing you of your legal rights and remedies, a lawyer can also assist you in obtaining:
- A Restraining Order to keep the person away from you.
- A Restraining Order to remove the person from your household.
- A Divorce or legal Separation.
Domestic Violence Facts
- One in five women victimized by their spouses or ex-spouses report they had been victimized over and over again by the same person. (The Basics of Batterer Treatment, Common Purpose, Inc., Jamaica Plain, MA)
- Women of all cultures, races, occupations, income levels, and ages are battered - by husbands, boyfriends, lovers and partners. (Surgeon General Antonia Novello, as quoted in Domestic Violence: Battered Women, publication of the Reference Department of the Cambridge Public Library, Cambridge, MA)
- A woman is beaten every 15 seconds. (Bureau of Justice Statistics, Report to the nation on Crime and Justice. The Data. Washington DC Office of Justice Program, US Dept. of Justice.)
- Domestic violence is the leading cause of injury to women between ages 15 and 44 in the United States - more than car accidents, muggings, and rapes combined. (Uniform Crime Reports, Federal Bureau of Investigation)
- Battered women are more likely to suffer miscarriages and to give birth to babies with low birth weights. (Surgeon General, United States)
- Sixty-three percent of the young men between the ages of 11 and 20 who are serving time for homicide have killed their mother's abuser. (March of Dimes)
- Women who leave their batterers are at a 75% greater risk of being killed by the batterer than those who stay. (Barbara Hart, National Coalition Against Domestic Violence)
- Nationally, 50 percent of all homeless women and children are on the streets because of violence in the home. (Senator Joseph Biden, U.S. Senate Committee on the Judiciary, Violence Against Women: Victims of the System)
Most states now have "Domestic Violence" statutes that can provide a cooling off period. If you have been abused, call the police, seek medical attention, take pictures and file a petition with your local court
Most courts can give you use and possession of your home, temporary custody of your child or children and temporary support. The Judge can often order the abusing spouse to attend anger management courses, pay interim support and keep the person away from schools and work.
Do not wait until after you have been abused, because the Courts are there to provide immediate relief and generally will not issue an order weeks after the incident. W hen you go to Court many advocacy groups can assist you at nominal charge or for free.
ARE YOU A VICTIM OF DOMESTIC VIOLENCE?
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