Quick Guide to Domestic Violence Laws
What is Domestic Violence?
Domestic Violence is defined as the victimization of an individual or individuals resulting from abuse, attacks, or assault undertaken by their respective partners within the realm of a romantic relationship or courtship.
That being said, domestic violence as a general term, is difficult to address, due to the many natures of the act; domestic violence may not only take place within a variety settings, but also through the involvement of a vast array of individuals victimized, as well.
Domestic violence can be delivered as a physical, emotional, verbal, sexual or psychological attack. In addition to these various fashions, acts of domestic violence can be initiated on both partners, meaning both the male and female of a relationship. Regardless of the nature of the act, all instances of domestic violence are highly debilitating, emotionally crippling and extremely damaging to not only the aggrieved party, but also to the children, if present during the absolvent and abusive relationship.
Domestic Violence Laws:
In the United States, Domestic Violence Laws are administered by local governments. As a result of this local setting, domestic violence laws in America will differ between states. That being said, due to the violent and damaging nature of the act, the majority of domestic violence laws are somewhat consistent throughout the country.
The penalties attached to the crimes, based on domestic violence laws, will vary based on the amount of physical or emotional damage that resulted in the particular act of domestic violence.
Domestic violence laws in the United States cover a wide range of offenses including, emotional belittlement, rape, stalking, battery, and assault. Including in domestic violence laws, are also those regulations regarding family abuse and child abuse.
Domestic Violence Laws regarding Assault:
Assault and battery against a member of the same household, according to the majority of Domestic Violence Laws in the United States, is a Class 1 misdemeanor. This particular charge will likely result in probation, according to various attorney generals throughout country.
In addition to probation; however, the aggressive party is required to pay fines and attend community and education treatment programs. If the convicted individual possesses a criminal record or two previous convictions of a similar charge, his or her third conviction of assault and battery of a family member will result in a felony.
Domestic Violence Laws regarding Rape:
Rape is considered a felony throughout the United States; an offender convicted of rape could face life in prison. The illegal action is typically defined as occurring when an individual has sexual intercourse with a person through force, intimidation or threat.
If the rape occurs on a victim who is under the age of maturity or is administered on an individual who is physically helpless, the state will typically classify this heinous act as a felonious rape—a crime that will undoubtedly carry a life sentence.
Domestic Violence and Protective Orders:
Protective orders are administered under domestic violence laws to protect victims of domestic violence; these orders will prevent the convicted individual from living with or contacting the aggrieved party.
In order to protect the individual seeking a protective order, a court system may issue a preliminary one. All protective orders have various conditions imposed against the abuser, such as limited or no contact with the victim or his or her family. Violations of the order, such as entering the home or causing injury to the petitioner, could result in a felony conviction.