Combating The Threat Of Domestic Violence


Domestic violence or abuse refers to violence between spouses or intimate partners. This abuse can be both physical and psychological in nature. In the majority of states domestic violence is defined as conduct which threatens to cause or actually causes injury between:

  • Family members
  • Spouses
  • Residents of the same household

Although the issue of domestic violence is a serious problem which is prevalent around the world violating and it is necessary to pass the Bar exam requirements by state to know the fundamental human rights of women and often resulting results in serious or fatal injury. The statistics vary widely on the prevalence of domestic violence however, it should be kept in mind that women are not the only victims of domestic violence, in certain cases men suffer as well albeit women significantly outweigh men as victims in this regard. According to US Department of Justice reports, the majority of the victims from 1994–2010 were women. Although women may also use violence against intimate partners, their use of violence is distinct from men’s use of violence in more ways than one.

Some people tend to correlate domestic violence issues with certain ethnic or racial communities or pass it off as practiced only by certain classes within their communities. Often, at public meetings or seminars, domestic violence is discussed in terms of race, ethnicity, education or age. However this is a myth as actual research proves that domestic violence is prevalent in all socio-economic, religious or ethnic groups. Accurate research and statistics relating to the prevalence of domestic violence are crucial for the expediency of any effort towards advocacy in this matter as they can help document the need for certain measures and steps to raise the extent of public awareness towards this problem.

Consequences Of Domestic Violence

Domestic violence can have a variety of legal consequences for the victim or victims. The lives of people involved in a single incident of domestic violence are dramatically impacted. A victim of domestic violence may often require the assistance of legal counsel in order to deal with issues that stem from the incidence of domestic violence. A primary consequence of such an incident is a change in child custody or parenting time agreements. Someone accused of committing domestic violence may lose any custody rights or be prohibited from seeing their child altogether. This is done in order to shield the child from any potential abuse that might be inflicted by a parent perceived to be violent.

Victims of domestic abuse may find themselves relocated to another state or a shelter home for their own protection. This typically occurs if the domestic violence involves harassment, stalking or if the perpetrator has violated a protective order in the past. The alleged perpetrator of domestic violence may also be held liable for any and all expenses pertaining to the relocation of a victim in certain cases. Incidents of domestic abuse are harrowingly traumatic for the victim and any children, if they are involved. Victims may be required to undergo counseling or therapy sessions in order to deal with the trauma inflicted on them by an abusive intimate partner. Additional criminal charges that often accompany a domestic violence charge are assault, battery, sexual assault, and rape.

Legal Consequences Of A Domestic Violence Conviction

Upon conviction, defendants may face criminal penalties such as incarceration as well as supplementary penalties such as monetary fines. The additional consequences may include:

Damages

The defendant may be ordered to pay monetary damages to cover the financial losses of the victim

Restraining orders

A protective or restraining order may be issued by the court which may require the defendant to stay a certain distance away from the victim and prohibit any sort of communication with the victim

Rehabilitation Therapy

Courts may also require the defendant to undergo rehabilitative therapy such as anger management counseling.

Loss Of Rights

The defendant may lose any custodial or parenting rights they have. In addition they may also lose the right to bear a firearm or have a driver’s license.

Issues of domestic violence are serious and not to be trifled with. If you have been accused of domestic violence in California, it is imperative to seek the counsel of an experienced and dedicated criminal defense attorney such as Doug Miranda to safeguard your rights and freedom.

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