Domestic violence, according to the National Coalition Against Domestic Violence, is the intentional physical assault, intimidation, sexual assault, battery, and any other abusive behavior that is part of a systematic pattern of power and control inflicted by one intimate partner against the other. Physical, sexual, psychological, and emotional abuse are typically included. Typically, the severity and frequency of domestic violence vary greatly. However, the primary element of domestic violence is the persistent efforts of one intimate partner to maintain power and control over the other.
Domestic violence is a shockingly common occurrence throughout the world, with an estimated 10 million Americans affected annually. Approximately one-fourth of women and one-ninth of men are victims of domestic violence, a number believed to be underreported. In some instances, the victim may be a child, an elderly family member, or another relative. These incidents are known as family violence.
This vice is an epidemic that affects people of all ages, genders, races, sexual orientations, religions, socioeconomic backgrounds, and nationalities. Domestic violence is typically accompanied by controlling and emotionally abusive behavior, which is part of a larger pattern of dominance and control. Typically, the vice results in psychological trauma, physical harm, and in extreme cases, death. The debilitating emotional, physical, psychological, and emotional effects of domestic violence can span generations and last several lifetimes.
Forms of Domestic Violence
Physical Violence: It entails utilizing physical force against the victim inflicting harm (a punch or a kick, stabbing, shooting, choking, slapping, forcing you to use drugs, etc.). Yet, it is not necessary for the injury to be severe.
Emotional Violence: The infliction of prolonged insult, humiliation, or criticism can be considered an example of emotional abuse.
This type of abuse results in the victim's sense of self-worth being diminished. In most states, emotional abuse is not sufficient in and of itself to establish domestic violence unless it is so severe and pervasive that the relationship qualifies as extremely coercive. To file a domestic violence action, evidence of emotional abuse is typically linked with additional abuse (physical, financial, sexual, or psychological).
Sexual Violence: One typical instance of domestic violence is sexual abuse. In addition to sexual assault and rape, harassment also involves unwanted touching and other degrading actions.
Psychological Violence: Abuse psychologically refers to behavior that is intimidating, threatening, or otherwise causes fear in the target of the abuse. This behavior needs to be significant and persistent. Typically, a single incident won't be sufficient to initiate a domestic violence action. Similar to emotional abuse, psychological abuse may not be sufficient in and of itself to establish domestic violence unless it is particularly severe.
Financial Violence: Financial abuse is very prevalent, especially in households where money is combined into joint accounts (with one partner in charge) and when there is little to no family support system to provide assistance.
What penalties are associated with domestic violence?
Punishments for domestic violence vary depending on a number of factors. To comprehend why the sentencing for domestic violence can change. The typical penalties for domestic violence convictions include:
Charges of misdemeanor or gross misdemeanor.
Fines. These fines range between $1,000 and $5,000.
Prison time. ranging from 90 to more than a year.
Continue reading or give The Arroyo Law Firm a call right away if you want to learn more about the specifics of the average jail sentence for domestic violence.
Domestic Violence Proceedings
Whether domestic violence is punished as a misdemeanor or a felony depends largely on how the state decides to proceed. After an individual is arrested for domestic violence, charges and punishments are awaited.
Here are some potential punishments for domestic violence.
Jail Time: When domestic violence is charged as a misdemeanor, imprisonment of up to one year is possible. If the charge is a felony, imprisonment is usually expected. Depending on the offense, a prison sentence may be served in a state or federal facility.
Volunteer Service: A judge may impose community service on the offender. Community service may appear to be a lenient punishment, but failure to complete hours has severe consequences.
Loss of Weapon: A person charged with domestic violence in the United States loses the right to carry a firearm, and it is illegal to sell or give a firearm to someone charged with a domestic violence misdemeanor.
Intervention Programs: Offenders may be sentenced to Anger Management and Batterer Intervention and Prevention Programs (BIPP). Anger management focuses on the individual's inability to control their anger, but does not address the underlying issues of control and power that underlie domestic violence. The program of BIPP emphasizes taking responsibility for one's actions, ensuring the safety of the victim, and teaching about the behaviors that led to domestic violence. This is a more effective method for altering the behavior and thinking of a criminal.
A judge may order an intervention program in addition to other punishments for domestic violence. A judge determines the sentence duration.
Order of Protection: A protective order protects the victim from further abuse by the offender. There are typically two types of protective orders:
Emergency Protective Orders (EPO): a short-term order requiring the abuser to leave the victim's home or property to allow the victim time to determine the next course of action. The duration of an EPO can range from 3 to 7 days.
No Contact: There is no communication between the abuser and the victim. This includes calling, texting, emailing, stalking, and any other form of disruptive communication.
Peaceful Contact: Under supervision, the abuser may have limited contact with the victim. This is a common occurrence when children are involved.
Stay Away: A judge orders the perpetrator to maintain a certain distance between himself and the victim. The distance depends on the state and seriousness of the charge.
Move Out: The abuser is ordered to move out of the property.
Restitution: The abuser is ordered to pay damages to the victim.
Fines: The offender may be required to pay significant fines ranging from thousands to tens of thousands of dollars. Fines may be reduced if the abuser is charged with domestic violence for the first time. The victim may choose to file a lawsuit against the perpetrator and seek compensation for emotional distress, medical expenses, or property damage.
Taking away parental rights: In contrast to supervised visits with children of domestic violence, the parent/guardian of the child/children will lose parental rights if the abuse is severe and pervasive. This is an irreversible decision.
If an immigrant commits domestic violence, they may be subject to deportation.
Contact a Criminal Defense Lawyer Immediately
If you or someone you know is facing a charge of domestic violence or other criminal charges, contact The Arroyo Law Firm immediately for the legal assistance you require.
You should have an experienced attorney who has helped countless clients work through criminal charges.