Law

Domestic Violence and The Law

Domestic violence may be physical or emotional: slapping, punching, beating, kicking, threats of harm and verbal abuse are all forms of domestic violence. Violent behavior toward others is wrong no matter who does it. Family members are not excused. If you are in an abusive situation and don't do anything to stop it, you may be harming your family.
There is evidence that children raised in abusive homes are likely to become abusers or victims of abuse later in life.

The difference between civil and criminal remedies:

The purpose of a criminal action is to punish the abuser.The purpose of a civil action is to get certain types of relief for you from the domestic violence which has and may be again inflicted against you.
Civil cases are not part of an abuser's criminal records. You do not need to decide between civil and criminal remedies and you may pursue both remedies for the same incident of domestic violence.

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WHAT IS DOMESTIC VIOLENCE UNDER THE LAW?
1. Physical Abuse Against You.
The legal definition of domestic violence includes: causing you physical harm (hitting, kicking, slapping, throwing things, etc.) or threatening physical harm (with or without a weapon), coercing you to do something or refrain from doing something by threats or use of force, harassing you (causing emotional distress by lingering at your home, peering in windows, following you, etc.), forcing or attempting to force you to engage in any sexual act, or holding you against your will.

2. Emotional Abuse.

Domestic violence also includes placing a party in fear of imminent serious bodily harm by threat of force. This includes threats of violence; or other conduct that would cause a reasonable person to suffer substantial emotional distress, like "I will hit you", "if you leave, I will hurt you," or "if you tell anyone, I will kill you," so long as the act actually causes substantial emotional distress.

3. Child Abuse.

The law provides for protection against violence toward children as well. Child abuse is any physical injury, sexual abuse or emotional harm inflicted on a child other than by accidental means by an adult household member. This includes sexual abuse of children, such as fondling or rape. The abused children need not be the children of the abuser in order for you to file a child abuse petition. The law does, however, exempt discipline administered in a reasonable manner.

HOW DOES THE LAW PROTECT AGAINST DOMESTIC VIOLENCE?
1. You can file for CIVIL RELIEF in the civil courts if you are:
The spouse or former spouse of the abuser;
Being stalked or harassed by any person;
Have a child in common with the abuser;
The current or former live-in girlfriend or boyfriend of the abuser; or
Related by blood or marriage to the abuser.
2. You can and should file a Child Protection Order if:
You suspect child abuse is occurring.
3. You can bring CRIMINAL CHARGES if:
You have suffered violence in an abusive relationship, regardless of whether you are married to or living with the abuser.

HOW CAN A VICTIM OF DOMESTIC VIOLENCE GET HELP?
1. Call The Police
If you are a victim of domestic violence, you can call the police or county sheriff for help. The law requires the police to provide you with:

ADVICE
Law enforcement officers are trained to know and be able to tell you where the closest temporary shelters for domestic violence victims are located. If you are hurt, in need of food, clothing or counseling, the police can direct you to the appropriate community resource.

TRANSPORTATION
Law enforcement officers can and should take you where you need to go to get help, whether it be the home of a friend or family member, shelter or hospital. The police can also take you to the prosecuting attorney's office if you want to file a criminal complaint. In all cases of domestic violence, leave the house, take your children with you, and bring your important things if this can safely be accomplished.

EMERGENCY ASSISTANCE
Law enforcement officers are authorized by law to do whatever is reasonable to protect you from harm. The police can arrest the abuser if they have good reason to believe that the abuser has hurt you. They have an obligation to arrest the abuser if they reasonably believe the abuser has violated a court order by hurting you or coming to your house.

When you call the police . . .

If you call the police twice within a 12-hour period, the police must arrest the abuser on the second visit.

BE READY TO PROTECT YOURSELF FROM HARM FOR AT LEAST A SHORT WHILE.
The police are only required to respond to your call as soon as practicable.

COLLECT EVIDENCE THAT YOU HAVE BEEN BEATEN OR THREATENED.
When the police arrive, show them torn or bloody clothing, broken items or any other evidence of an attack (if you have any). Be sure to give the police the names and phone numbers of all witnesses to your attack, if there are any. If there is a court order that the abuser has violated, give the police a copy of it so they can arrest the abuser for violating the order. Do not give them your only copy, as you will be disadvantaged should you need to call the police again and do not have a court order to show them. You should also give the police a copy of separation or divorce papers, if there are any.

ASK THE POLICE TO MAKE A REPORT OF THE INCIDENT.
Ask the police to take pictures of your injuries and to conduct an investigation. You should ask for the police officer's name and badge number so that he/she can be a witness for you in any civil or criminal proceeding you may bring against your abuser. Write this information down so you can report it to the prosecuting attorney if you pursue a criminal complaint.

PREPARE TO TAKE YOUR ABUSER TO COURT.
If you do not pursue your civil remedies and also fail to press criminal charges against your abuser, the police may (although they should not) become less likely to help you in the future. In addition, your abuser may believe that he/she can get away with hurting you. Be prepared to take your abuser to court, whether it be civil, criminal or both.

2. Pursue Your Civil and Criminal Remedies.

To get started, you can contact:

CLERK OF COURT. Go to your local clerk of court's office to file a request for a petition for a protective order. A local domestic violence assistance agency may be able to assist you in preparing these forms, if not the court clerk with assist you.

PROSECUTOR. If the police officer does not pursue criminal charges against your abuser, see the local Prosecutor yourself and pursue a criminal complaint.

DOMESTIC VIOLENCE CENTER AND/ OR ATTORNEY. For more help and advice, contact an attorney or local domestic violence assistance organization. The police may also direct you to these organizations.

WHEN YOU SEEK CIVIL RELIEF OR PRESS CRIMINAL CHARGES, FOLLOW THESE TIPS AND POINTERS . . .
1. File Civil and Criminal Charges Simultaneously.
You can press criminal charges and file a civil petition at the same time based on the same incident.

2. Stay with Relatives or at a Shelter.

When you leave your home to get away from the abuser, stay with relatives, friends or at a shelter.

3. Go to the Hospital If You Are Injured.

Seek medical treatment if you are physically injured. The hospital or doctor's office should make records of injuries. Get all medical documents and keep them with you so they can be used in court later. Medical reports will be important evidence at either a civil or criminal trial.

4. Seek Counseling.

You may find it helpful to talk with someone outside of your circle of family and friends. Seek counseling from volunteers at a shelter or other domestic violence assistance program and get any documents or reports from your visit for use in court later. Counseling may be important to your recovery from the domestic violence against you, and may help you sort out your feelings. Consult the index at the end of this book for participating agencies.

5. Be Organized In Court.

Know what you want to say to the judge. Most judges are busy; thus, you should tell him or her the most recent and most violent episodes first. Be aware that your abuser, or more likely his or her counsel, can ask you questions in court. Keep calm, if you can. Remember, your sworn testimony may be all the evidence you need to get civil relief or to get the abuser convicted.

6. Your Word is Good Evidence.

Your testimony may be all the evidence you need. You do not have to have proof of injuries or witnesses to the violence against you, but they are helpful. Bring photographs of your bruises or friends who saw the violence or the black eye if you can. If you have been threatened with violence, tell the judge why you are afraid of the threat. Do not get upset if the abuser contradicts what you say. Most judges have seen many cases of domestic violence and will expect contradictions in the testimony. If the judge believes you are truthful, he or she will give you some form of domestic violence relief.

7. Provide for Your Financial Security.

After you are in a safe place, get money out of bank accounts to which you have access. Collect important personal belongings after you leave the house, if you can safely. Remember, the police can and should escort you back to your home to get your belongings. Also, you can ask the judge for an order allowing you to get the household goods and other personal things you need.

8. Call a Lawyer for Help with the System.
Remember, you do not have to go through the legal system by yourself if you don't want to.

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