Domestic Violence
Domestic violence, also known as domestic abuse, spousal abuse, child abuse or intimate partner violence (IPV), can be broadly defined a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, friends or cohabitation. Domestic violence has many forms including physical aggression (hitting, kicking, biting, shoving, restraining, throwing objects), or threats thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation. Alcohol consumption and mental illness have frequently been associated with spousal abuse.
Violence between spouses has long been considered a serious problem. Popular emphasis has tended to be on women as the victims of domestic violence. Many studies show that women suffer greater rates of injury due to domestic violence, and some studies show that women suffer higher rates of assault. Yet, other statistics show that while men tend to inflict injury at higher rates, the majority of domestic violence overall is reciprocal.
Domestic Violence Restraining Orders are available to victims of DV. A restraining order is a Court order issued to prevent the recurrence of acts of abuse by a batterer. Under the Domestic Violence Prevention Act, abuse is defined as any of the following:
Intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another, engaging in any behavior that has been or could be enjoined such as molesting, attacking, striking, stalking, threatening, battering, harassing, telephoning, destroying personal property, contacting the other by mail or otherwise, disturbing the peace of the other party.
The act(s) of abuse/violence must be recent, and the batterer must be a spouse, ex-spouse, boyfriend/girlfriend, ex-boyfriend/ex-girlfriend, someone with whom the victim has or has had a dating relationship, an immediate family member (mother, father, in-laws, siblings, adult children), or a person with whom a party has a child/ren together e.g. a close relationship. A victim that is a target of abuse but does not have the necessary relationship to the batterer may file a civil harassment restraining order.
The restraining order can include the following: restraints on personal conduct by the batterer; orders for the batterer to stay-away from the victim's home/work and/or children's school; orders for the batterer to be removed from the residence; child custody and visitation and support orders and other miscellaneous orders.
If you feel you have been a victim of domestic violence, get help right away. There are many qualified attorneys and organizations available to help you.