General Domestic Violence Questions

What is domestic violence?

Domestic violence is the abuse received between family members or related persons. Domestic violence may come in many forms: physical abuse, threats of physical abuse, emotional abuse, threatening telephone calls, disturbances at your place of employment, stalking, and other forms of control. Domestic violence is distinguished from other kinds of abuse because there is a special, familiar relationship between the persons. Domestic violence cases may be treated differently than cases of civil harassment because of the interpersonal relationships involved. At least one of the following relationship tests typically must be met in order for a situation to qualify as a domestic violence case:

• the parties are currently or were previously married to each other
• the parties are related by blood, marriage or adoption
• the parties are currently or were formerly living together
• the parties are or were dating or engaged
• the parties have a child or guardianship over a child

In some states, there does not have to be actual physical violence between the parties; emotional abuse or fear of physical harm is sufficient to qualify as domestic violence.

Remedies

What remedies are available to prevent further domestic violence?

Upon petition to the court, temporary or lengthy restraining orders (also referred to as "protective orders") may be issued. Orders issued in a domestic violence case may include:

• the individual restrained by the protective order not contacting, attacking, striking, threatening, battering, calling or otherwise disturbing the peace of the protected person
• the individual restrained by the protective order immediately moving from the residence shared with the protected person
• the individual restrained by the protective order staying at least 100 yards away from the protected person, the protected person's place of residence, and the protected person's place of employment
• the individual restrained by the protective order being ordered to participate in anger management counseling and to return to court with proof of completion of this program
• the individual restrained by the protective order being prohibited from purchasing a firearm

Other people, such as children and other family members who reside in the same residence, may be included as protected persons in the restraining order to reduce the potential for harm.

Crime

Is domestic violence a crime punishable under criminal law?

Whether or not the domestic violence is a criminal offense depends upon the particular circumstances as well as the laws of the state in which the act or acts occurred in. Often domestic violence is both a criminal offense subject to criminal punishment and also a civil offense subject to restraint upon personal conduct and an award of a money damages.

It is a frequent pattern in domestic violence cases for the victim to be abused, call the police, press charges, and then reconcile with his or her abuser, and have the charges dropped only for the scenario to occur again. Because of this, in some local communities and states, domestic violence is now prosecuted as a crime by city and district attorneys, even without charges being brought forth by the abused person and without his or her assistance. In these localities, a criminal case may be brought against the person causing the harm without a complaint being made by the victim.

Domestic violence is considered a crime against the community and the state should prosecute all harms against the community. Such localities try to emphasize that local authorities will not tolerate domestic violence, and these offenses will be prosecuted with or without the assistance of the victim.