Domestic violence is a problem that is usually shunned by many people since it involves the embarrassment of the whole family. Most victims of domestic violence often times ended up in mental asylum due to too much depression and emotional torture. Countless number of wives and children are experiencing domestic violence all over the world. Domestic violence involves the abuse between family members or among relatives. Domestic violence has many forms and these are as follows: physical abuse, threats of physical abuse, emotional abuse, threatening telephone calls, disturbances at offices, stalking as well as other forms of brute dominance and control. The reason that differentiates domestic violence from all other types of violence is that the victim has a special relationship with the abuser.
In order to consider an act a form of domestic violence the following relationship tests must be met: a) the parties involved in domestic violence must at least be married now or were formerly married to each other, b) The parties involved must be related either by blood, marriage or adoption, c) the parties involved are currently or formerly living together, d) the parties involved are now or been dating or engaged and d) the parties involved have a common child. There are some states that do not require actual physical abuse reports from parties involved. The mere report of emotional abuse or even the fear of being physically harmed is tantamount to domestic violence.
In cases involving domestic violence the court provides temporary or lengthy restraining orders in order to protect the victim from the abuser. The restraining order restrained the abuser from contacting, attacking, striking, threatening, battering, calling and disturbing the peace of the victim. In addition, the abuser is also restrained from staying at least 100 yards away from the victim as well as the victim’s house and also away from the victim’s workplace. Likewise the abuser is ordered to take part in batterer treatment counseling and to report to court with evidence of completion of such rehabilitation program. And the abuser is also banned from buying a firearm. Violation of the restraining order may put an abuser to jail.
In some state domestic violence has been added as a crime punishable under the criminal law. In this states, criminal case may be filed against the abuser even without the complaint of the victim. This is because domestic violence is considered not only a crime on the persona of the victim but a crime against the community and the state. And so the state does not require the assistance of the victim to prosecute an abuser although a complaint from the victim can hasten the judgment of the case.
About the author:
Jinky C. Mesias is a graduate of Bachelor of Arts and Sciences in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.
