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The issue of domestic violence is not new. For ages, it has been a part of communities all throughout the world. A burgeoning movement aimed to increase public awareness of this persistent social issue in the late 20th century. The federal and state governments consequently passed legislation aimed at helping victims and prosecuting violent perpetrators.
One of the biggest public health concerns is the prevalence of domestic violence. Millions of Americans are victims of domestic abuse. According to the Centers for Disease Control and Prevention (CDC), 26% of men and 41% of women reported having been the victim of intimate partner abuse at some point in their lives.[1] Physical violence, sexual violence, and stalking are among the forms of domestic abuse that are reported to law enforcement.
Knowing what constitutes domestic abuse will enable you to combat it more successfully. Not every crime victim is aware of the warning signals of an abusive relationship. Family members are at risk of becoming victims or perpetrators themselves if they were raised in a home where domestic violence was prevalent.
What is the definition of domestic violence? Domestic violence is defined as a pattern of abusive behavior in any relationship where one spouse uses it to obtain or keep control over another intimate partner, according to the U.S. Department of Justice Office on Violence Against Women.[2] According to criminal law, domestic abuse can happen in one or more instances. It could involve threats of impending bodily harm or an attempted assault. It could manifest as sexual assault. It might include the psychological harm that stalking entails. Is domestic violence a felony? Yes, of course, it is a serious criminal matter!
Domestic violence includes a wide range of abuse types:
1. Physical abuse: To strike, bite, slap, batter, shove, punch, yank hair, burn, cut, pinch, and so on are examples of physical abuse. Any aggressive actions or physical harm done to the victim may fall under this category. It could involve mistreating a victim's child. Physical abuse might include depriving someone of medical care and coercing them into using drugs or alcohol.
2. Sexual Abuse: forced sex, sexually degrading remarks made about the victim, or even sexually offensive jokes.
3. Emotional Abuse: The victim's sense of self-worth is undermined or invalidated as part of emotional abuse. Name-calling and persistent criticism are examples of emotional abuse. The victim's relationship with their children may be harmed by an abuser. An abuser may hinder the victim's progress.
4. Economic Abuse: When the abuser attempts to make the victim financially dependent on them, that is considered economic abuse. The goal of economic abusers is frequently to keep complete control over money resources. They might deny the victim access to money or forbid them from attending work or school.
5. Psychological Abuse: In psychological abuse, the perpetrator uses intimidation to instill fear. Threatening to harm oneself, the victim, the victim's family or friends, the victim's pets, or children is one example. It could include trespassing or property destruction. Pets can get hurt by an abuser. In addition to preventing the victim from attending work or school, an abuser may distance the victim from family members. A type of psychological abuse is when someone threatens to strike, hurt, or use a weapon.
6. Technological Abuse or Cyber Abuse: An act or series of acts intended to injure, intimidate, stalk, or monitor another person using technology is referred to as technological abuse. This could entail employing computers, smartphones, camer
7. Stalking: Any combination of the aforementioned can constitute stalking abuse. It could involve actions that are not unlawful on their own. Following the victim, spying, observing, pestering, showing up at the victim's home or place of employment, delivering gifts, gathering information, making phone calls, leaving written messages, or simply showing up at someone's home or place of employment are examples of common actions. It could involve unlawful actions including threats, sexual assault, or physical violence. Typically, stalking crimes involve two or more instances that may have occurred at the same time. Putting the victim in fear or mental discomfort is the main goal of a stalking offense. Cyberstalking is defined as any online behavior or persistent messaging or emailing that causes the recipient significant emotional anguish.
The particular components of domestic abuse crimes are provided by federal and state statutes. State courts handle the majority of domestic abuse cases. Not all of the aforementioned types of domestic violence will be illegal.
According to the majority of domestic violence laws in effect today, the state must demonstrate that the victim and the offender are related or have an intimate partner. State laws acknowledge that victims of domestic abuse can be anyone, regardless of sex, race, age, religion, sexual orientation, gender identity, socioeconomic status, or educational attainment, even though women make up the majority of these victims.
The precise requirements for the offense of domestic violence are outlined in each state law. Any of the following family or household relationships are present in the majority of states today:
Many people believe that a protective order against a spouse is the sole option available to victims of domestic abuse. In actuality, this is a myth. The majority of states let victims of domestic violence to get a protective order against any family members or household members who have shared a home with the victim. Each state may have a different name for these court orders. Temporary restraining orders, emergency protective orders, and domestic violence protection orders are some of the common terms. In certain states, victims of violent crimes can apply for protection orders. Roommates, abusive adult relatives, or even non-cohabitating partners may fall under this category. You must verify the laws in your state because they vary from one state to another.
Domestic violence also includes dating violence. According to the Office on Violence Against Women, dating violence is defined as a relationship between the victim and the abuser.[3] Dating violence happens when two people are in a romantic, personal, or social relationship. Several elements will influence whether or not such a relationship exists:
Dating violence is not a distinct, stand-alone criminal offense in the majority of states. Victims might get assistance from police in determining what crimes might have been committed during the abusive occurrence or incidents.
Advocates for victims have pushed schools to address dating violence in recent years. In response, a lot of schools launched dating violence education initiatives. Teen dating violence education in high schools is currently mandated by law in 37 states and the District of Columbia.[4] Anyone can be a victim of domestic violence, regardless of age, race, gender, sexual orientation, faith or class. Any member of the household, including children and other relatives, may also be a victim of domestic abuse. When the abuser uses power and control over the victim, it usually takes the form of a pattern of abusive behavior toward an intimate partner in a romantic or familial relationship.
Domestic violence can take many forms, including sexual, financial, physical, and mental. Incidents typically increase in frequency and severity rather than being isolated. Death or severe physical harm are possible outcomes of domestic abuse.
What are the signs of domestic abuse? Examine the following questions and consider how you treat your relationship and how you are treated.
Identifying the warning signals of domestic violence
Does your partner…
If you or someone you know is being abused, it’s crucial to take action to protect your safety and well-being. Remember, abuse is never your fault, and no one deserves to be treated this way.
At The H firm, we are committed to helping survivors of domestic violence regain control of their lives. Our team of compassionate and experienced domestic violence lawyers in California is dedicated to providing:
You don’t have to face this alone. Let us help you navigate the legal system and take back control of your life. Contact us today for a confidential consultation. Call 888-499-4948 to book a Consultation today. Remember, the first step to breaking the cycle of abuse is recognizing it. The next step is seeking help. We’re here to support you every step of the way.
[1]: About intimate partner violence. (2024, May 16). Intimate Partner Violence Prevention. https://www.cdc.gov/intimate-partner-violence/about/index.html
[2]: Domestic violence. (2024, December 10). https://www.justice.gov/ovw/domestic-violence
[3]: Dating violence. (2024, October 15). https://www.justice.gov/ovw/dating-violence
[4]: Baker, C. P. (2023, May 12). MAP: Does your state require education on teen dating violence? Education Week. https://www.edweek.org/leadership/does-your-state-require-education-on-teen-dating-violence/2023/05
[5]: Domestic Violence Support | National Domestic Violence Hotline. (2024, June 4). The Hotline. https://www.thehotline.org/
Domestic violence in California includes physical abuse, threats, stalking, harassment, emotional abuse, and financial control between intimate partners, family members, or cohabitants. Under the California Penal Code § 13700 and the Domestic Violence Prevention Act (DVPA), victims can seek restraining orders and legal protection.
If you are in immediate danger, call 911. You can also file a restraining order with the Los Angeles County Superior Court. A domestic violence attorney can help you secure legal protections, file criminal charges, or seek child custody modifications if needed. Our expert lawyers at The H Law Firm can help you fight your domestic violence case - do not hesitate to call for a consultation!
