A defendant can be convicted of domestic battery (sometimes known as a spousal battery) even if the victim sustains no physical harm from the physical contact. The use of violence and force is necessary against the victim by the defendant.
Domestic violence is a type of abuse or violence that occurs within the house, among couples, or in families. The specific vision of domestic violence includes a grown-up male perpetrator and a female victim, usually his wife or girlfriend. Nevertheless, sometimes men are victims too, and women are perpetrators. Violence done by any family or group fellow against each other could qualify.
Domestic violence in families is a common issue in the United States that affects an estimated 10 million people yearly; as many as one in nine men and four women are prey to domestic violence.
What is domestic violence law?
Domestic violence laws aim to manage, stop and penalize crimes of violence that affect people in domestic relationships. In many states, these crimes include a battery, assault, sexual assault, unlawful threats, killing, and other violent crimes. A defendant who commits any of these offenses against a domestic partner or family associate will face harsher penalties than against someone who does not share this relationship.
Processing of domestic violence cases
Due to the swiftness of arresting someone for domestic violence accusations, it can be difficult for defendants to protect their rights. Some jurisdictions have required jail stays for individuals charged with domestic violence.
Many jurisdictions allow direct security orders, which compel an alleged abuser out of a shared home. Once the case comes under the attorney, they decide whether to dismiss or move forward with it. If the victim refuses to cooperate, the attorney can still move forward if they believe they can make the case without the victim’s assistance.
They may have other evidence, such as pictures of the victim’s injuries, witness statements, a 911 call recording, or other evidence that may not necessitate the victim’s assistance.
Felony or misdemeanor charges
The prosecutor has the choice of filing a suit as either a misdemeanor or a felony. Misdemeanor offenses have a maximum punishment of one year in jail and a charge of a fine.
Many jurisdictions order abusers to undergo anger control classes or domestic violence intervention programs. Defendants may also be subject to having to satisfy community service, pay a fine and stay by a security order.
Types of domestic battery
According to the US Department of Justice Office on Violence Against Women, domestic violence is a practice of offensive behavior in a relationship used by one mate to gain dominion over another intimate companion.
Types of abuse enclosed in the definition of domestic violence are:
It includes striking, biting, beating, battering, pounding, pulling hair, burning, cutting, or any violent conduct imposed on the victim. Physical abuse also includes refusing medical cures and forcing drug/alcohol use on someone.
It happens when the abuser forces or tries to force the victim into having sexual contact or sexual behavior without the victim’s permission. It often led to marital rape, attacking sexual body parts, physical violence, sexually demeaning the victim, or even cracking sexual jokes.
It involves reducing the victim’s sense of self-worth or self-esteem. Emotional abuse often leads to constant criticism, name-calling, injuring the victim’s relationship with their children, or interfering with the victim’s abilities.
It occurs when the abuser causes or tries to cause the victim to become economically reliant. Economic abusers usually desire to maintain complete power over economic resources, withhold the victim’s access to funds, or deny the victim from going to school or a job.
It involves invoking fear through coercion, threatening to physically hurt the victim, children, the victim’s family or friends, or the pets; demolition of property; separating the victim from loved ones. Threats to beat, harm, or use a weapon are a condition of psychological abuse.
It includes chasing the victim, spying, observing, bullying, appearing at the victim’s work or home, sending gifts, gathering facts, making phone calls, or leaving written letters. These actions are generally legal, but any of these behaviors done constantly result in a stalking crime.
It refers to an online act or repeated emailing imposes significant emotional pain on the recipient.
Recognizing domestic battery
It is not easy to recognize domestic violence at first. While some relationships are abusive from the beginning, abuse often starts subtly and becomes worse over time. You might be undergoing domestic violence if you are in a relationship with a person who:
- Calls you with offensive names or insults or makes you feel down.
- Restricts you from attending school or work or seeing family members or friends
- Try to control how you spend money, what medicines you take, what you wear, or where you go.
- Acts envious, possessive, or frequently blames you for being unfaithful.
- Evolves anger while drinking alcohol or using drugs.
- Hits, kicks, slaps, chokes, or hurts you or your loved ones.
- Coerces you to have sex or commit sexual actions against your choice.
- Accuse you of their violent conduct or tell you that you deserve it.
If you are bisexual or transgender, you might also be experiencing abuse. If you are in a relationship with someone who:
- Threatens to inform family, friends, coworkers, or society members about your sexual orientation or gender identity.
- Tells you that authorities would not help you because of your sexuality or gender identity.
- Explains abuse by asking about your sexuality or gender identity.
Penalties for domestic battery crime
Many states set more brutal punishments for offenses committed against protected individuals, whether that protected individual is a police official, academy teacher, or a family associate.
In domestic violence offenses, more brutal punishments may come in the form of:
- Raised punishments (for example, a felony instead of a misdemeanor)
- Mandatory minimum sentences
- Prohibitions or restrictions on probation,
- Supervised release, or parole
- Mandatory counseling for anger management classes
- Mandatory no-contact or restraining orders, and
- Firearm restrictions.
When your attorney decides that the police report is uniform with your justification, they will collect proof to support it. Domestic violence protection falls into these categories:
I didn’t do this-
If you argue that the victim suffered abuse by another person, your lawyer will look for material to reinforce that claim as:
- Your lawyer will aim to establish your whereabouts. That is, you were present or not at the place at the time of the crime.
- The attorney will try to set a reasonable explanation.
It is also probable that your partner could have faked the whole story, to get precise. If this is your justification, then your lawyer will aim to set:
- Whether the damages to the victim support your understanding of the report
- Whether your story is different from the crime report
It was an accident-
It means that you do not deny you were there when he got injured and that you caused the injury unintentionally.
If your defense is that the entire incident was a mishap, your lawyer will research to ensure the consistency of your story.
For example, if you claim that the hammer slipped and hit your spouse while you were repairing in the kitchen, your lawyer will check for repairs in the kitchen, the hammer’s location, the spouse’s position during the accident, and blood stains on weapons.
The example of domestic violence can not be proven above a sensible doubt.
If your defense is that the victim would not testify for some reason or because there is no proof of the allegations against you, your attorney will-
- Determine whether the prosecutor’s case is made around the victim’s allegations.
- Discover if there were any harm to you and, if so, were they only defensive harms.
- Affirm whether the official report stated that the scene had harmed property.
- Affirm the presence of physical proof at the scene, which involves you attacking the victim. For example, fingerprints on any damaged objects that could have been used as a weapon could involve you.
In addition to the financial and social adjustment and difficulties associated with releasing oneself from an abusive situation, survivors of domestic violence can develop emotional and psychological concerns that last nicely after the physical injuries have recovered. Victims’ memories may be immense and may return to torture the victim long after actual victimization has passed. Victimization dismisses the illusion of security that victims might have formerly enjoyed. Physical assaults may have resulted in abiding recurring pain.
Just as there is no definitive disorder that a victim of domestic violence will develop, there is also no absolute way that victims should respond to being hurt. All means of grieving victims are okay, except for ways that might result in self-harm or harm to others.
Q1. What is domestic violence?
Ans. Domestic violence is coercive behavior that includes emotional or psychological abuse, physical abuse, sexual abuse, or financial abuse. Some abusers can exercise complete control over a victim’s action without ever using violence or only using subtle threats of violence. All kinds of abuse are devastating to sufferers.
Q2. Why do victims sometimes return or remain with abusers?
Ans. There is a real fear of abuse or death if they leave, as abusers feel independence as a threat to the control and power they have gained and may choose to increase the violence in response.
Q3. Are men the victims of domestic violence?
Ans. Yes, men, too, can be the victims of domestic abuse. Domestic violence is a life-threatening, prevalent crime that affects millions of people regardless of age, economic status, race, sexual orientation, gender identity, religion, ability, or education level.
Q4. How does the economy affect domestic violence?
Ans. A bad economy makes domestic violence worse—The harshness and commonness of abuse increase when there is a deficiency in the economy. Job loss, housing foreclosures, debt, and other factors contribute to higher stress levels at home, leading to increased violence.