Legal News

19-Sep-2022

Things To Know About Domestic Violence Laws In The US

Domestic violence can happen to anyone, anywhere, and at any time. Regardless of age, gender, income level, or background, anyone can be a victim of domestic violence. This type of violence frequently occurs within a household or a home as a result of discord in an intimate relationship or relationship with your partner. If you have been the victim of domestic violence in your home or the home of another, you may be concerned about how this will affect your future and what your legal rights might be as a victim of this crime. The fact is, if you were victimized by domestic violence, you have rights, and you are entitled to legal protection.  All you need to do is to reach out and get the help that you deserve. 

In many cases, state laws recognize that being the victim of domestic violence may not necessarily be a choice but rather an act of self-preservation for one’s safety and well-being. In such cases, state laws may offer protection to victims through protective orders or other legal safeguards. This article will outline some key things you should know about domestic violence laws in the USA so that you can protect yourself as much as possible in your situation and have peace of mind moving forward.

What is Domestic Violence?

Domestic violence is a term used to describe a pattern of abusive behaviors that may include physical, sexual, emotional, or psychological actions or threats of actions that are used by one person to control another in an intimate relationship. Some examples of domestic violence include hitting, kicking, punching, slamming doors, pushing, grabbing, throwing objects, breaking objects in the house, and throwing something at you that could hurt you. Other examples also include threatening you with physical harm, punching walls or breaking things, destroying your property, kicking, screaming, or yelling at you, threatening to hurt you or your pets, and threatening to commit suicide or kill your pets. 

Domestic violence may occur between spouses or people who are or have been in a dating relationship, cohabitants (people who live together but are not married or in a dating relationship), or people who have a common child, regardless of sexual orientation or gender identity.

The Legal Definition of Domestic Violence

The legal definition of domestic violence varies from state to state, but in general, it is a crime in which one household member commits a violent act against another household member. Domestic violence can be physical, sexual, verbal, or psychological actions that are intended to cause harm.

 It can also be financial actions like stealing from a family member or neglecting their basic needs like food and shelter. The majority of domestic violence victims are women, but men can be victims as well. Children and other dependents who live in the same household are often at risk of domestic violence.

 It can also be a crime where a person threatens another family member with violence. There are also different degrees of domestic violence and different legal definitions for each one. For example, there are first and second-degree assaults. There is also aggravated assault, assault, battery, menacing, stalking, and criminal trespass, which usually occurs when one household member enters another household member’s home without permission.

State Laws Regarding Domestic Violence

All states have laws that prohibit certain domestic violence crimes, such as assault and battery, sexual assault, and homicide. However, every state also has laws that protect certain groups of people from domestic violence. The majority of these laws protect spouses, intimate partners, and families with children from domestic violence. Some of these laws also protect roommates, dating partners, elders, people with disabilities, and people who live together in a non-familial setting from domestic violence. 

All states have laws that allow victims of domestic violence to obtain protection from the offender. These protections can be taken through different avenues and can vary by state. Some states allow a person to request a protective order against an abuser without filing criminal charges against the abuser. 

Other states require that the victim files criminal charges and have the abuser convicted before they can get a protective order. Protective orders are court orders that prohibit an abuser from contacting the victim or coming near the victim and may last for a specified period, such as one year. 

The state law that addresses domestic violence may be found in a state’s criminal code or family law code.

How Can a Protective Order Help You From Domestic Violence?

A protective order is a court order that can prohibit an abuser from contacting you and may prevent the abuser from going to your home or work. It also may require the abuser to move out of a shared home, if applicable. 

Different types of protective orders can help you in different ways. These include : 

1. A domestic violence restraining order is for victims of domestic violence. It can prohibit an abuser from contacting you and making you feel unsafe. 

2. A civil harassment order can be for people who don’t have a domestic relationship. This restraining order is for people who may be in danger at work. It may be for people who work with volatile people or people who have a history of violence or aggression at work. This order may be issued by a judge if there is a valid reason for the order. 

3. A workplace violence restraining order may require the person or the abuser to stay away from your place of work, not to contact certain people at work, or other conditions as determined by the court. It can prohibit certain behaviors from bothering you.

 Other State Laws that Protect Victims of Domestic Violence

Many state laws protect victims of domestic violence. These include laws that prohibit discrimination against victims of domestic violence in employment, housing, and educational institutions. States also have laws that allow domestic violence victims to receive protective orders at the expense of their attacker. These protective orders can prevent the attacker from contacting their victim, visiting their place of work, or attending their children’s school. Other protective orders can require the attacker to vacate their residence and stay somewhere else for a specified period. 

Other state laws that protect victims of domestic violence include laws that address child custody, child visitation, and child support. These laws may presume that a person who has been convicted of domestic violence is an unfit parent.

Conclusion

Domestic violence is a common pattern of abusive behaviors used by one person to control another in an intimate relationship. Domestic violence can happen to anyone, regardless of age, gender, sexual orientation, ethnicity, or socio-economic status. You may be at high risk if you have a mental or physical disability, if you are gay or bisexual, if you are from certain ethnic groups, if you are pregnant, or if you are trying to leave an abusive relationship. 

The legal definition of domestic violence varies from state to state, and all states have laws that protect victims of domestic violence. These include laws that prohibit discrimination against victims of domestic violence in employment, housing, and educational institutions. If you or anyone you know is a victim of this sort of abuse, do not hesitate to reach out for legal help and advice.