Frequently Asked Questions About Domestic Violence

Law Blog

Studies show that nearly 15.5 million children witness domestic violence every year. The cost for domestic violence is estimated to be up to $5.8 billion every year. Most of the expenses are related to health care. Domestic violence is a form of violent crime that involves disputes arising in a familial context. This form of violence is confined within homes or private spaces, hence the term "domestic." If you're a domestic violence victim, you should consult your family lawyer for the best course of action.

What Are the Main Types of Domestic Violence?

The main forms of domestic violence include physical abuse, emotional abuse, sexual abuse, and psychological abuse. The most common form of domestic violence is physical abuse. It involves a physical action that hurts the victim. Shooting, stabbing, punching, and slapping are some examples of physical abuse.

Emotional abuse is when a person insults, humiliates or causes their victim to lose their self-esteem. On the other hand, sexual abuse includes sexual assault, rape, and other demeaning behaviors that involve violating the victim's body. Finally, there's psychological abuse. This involves threatening, intimidating, and fear-causing behavior. Examples include preventing the victim from talking to people or from leaving the house. 

What Is the Process of a Domestic Violence Lawsuit?

The process for filing a domestic violence lawsuit will vary depending on your jurisdiction. Generally, you'll have to file a complaint with your family lawyer. Afterward, you'll receive a hearing in front of a judge in the absence of the perpetrator.

The judge will listen to your side of the story, and if they're convinced your rights have been violated, they'll issue a temporary protective order. The court will then schedule a hearing that the perpetrator of the crime will also have to attend. After hearing both sides of the story, if the judge finds the accused guilty, they'll issue a long-term protective order.

What Happens When the Accused Violates a Protection Order?  

A violation of a protection order is treated either as contempt of court, a misdemeanor, or a felony. Felony charges are for serious or repeat violations. In many jurisdictions, the police arrest violators of protection orders.

According to the Full Faith and Credit Clause of the Constitution, protection orders should be enforced where they're issued and also in other U.S. states. Therefore, if a domestic violence survivor moves to another state and their abuser stalks them, the police will uphold the protection order in that new state. You should inform your family attorney if your abuser violates the terms of the protection order to ensure they're punished accordingly.

For more information, contact a family attorney in your area.


29 April 2021

family law - impacting your life

Just as there are laws to protect us on the roads, there are laws to protect our families. Whether you are fighting for the right to see your children, or are in the beginning stages of a divorce, a lawyer can help. There are many laws and stipulations that can have a serious impact on the outcome of any family legal situation. Having a lawyer working at your side to get through a difficult time is the only way to ensure that your rights are fully protected. On this site, you will learn about some of the family laws that could be impacting your life today.