What is Considered Domestic Violence?

A domestic violence is filed against an individual by another individual who is related to them by marriage or lives in the same house as the accused. In Arizona, the statutory definition of domestic violence applies not only in crimes against spouses, although it is the most common, but also to crimes done against partners, former partners, individuals who are currently dating and the elderly. The charge of domestic violence has varying levels and forms, from simple assault to murder. It is also in the coverage of the domestic violence law such acts concerning violation of the order of protection, like a restraining order. The restraining order does not necessarily require physical presence; even a late phone call to a child or to the ex-spouse is considered a violation when a restraining order is still in effect.

Because of the alarming number of violence within a household being reported, the state of Arizona focused on strengthening its laws. The law enforcement department is now developing new policies while the court system is actively implementing the changes. In some cases, the prosecutors are filing charges even if the victim refuses to participate due to fear.

The Arizona Revised Statute 13-3601 lists the affected relationships involved in a domestic violence. It can be between two married individuals, currently or in the past. It can also be between unmarried individuals residing in the same house, same gender cohabitation is included. If both parties are not married or are not living together, it is still considered as domestic violence if they have one common child together or the woman is currently pregnant by the concerned party.

The two other relationship definitions are quite broad. The crime done is considered as domestic violence when the victim is related to the defendant or the spouse of the defendant by blood or court order. This includes grandparents, parent-in-law, stepchild and the like. The other one is when the victim is a child who is currently residing or resided in the same house as the defendant and should be related by blood to a former spouse of the defendant or any person who is residing or resided in the same household.

Domestic violence is not taken lightly in Arizona. The punishment, depending on the level of crime, is severe. The conviction can result to limitation in child visitation rights, loss of privilege to own a gun, mandatory counseling and prison sentence in more serious cases. When the domestic violence involves the use of deadly weapon and injury, then the crime is often prosecuted as a felony.

Introduction to Domestic Violence Charge

An argument or kind of injurious actions in a relationship may result in getting charged with domestic violence. Though there could be a difference between the terms domestic violence and domestic abuse, these can lawfully hold the same or comparable charges. A person is liable for immediate arrest when committing a physical violence against his/her spouse/partner. Emotional, verbal or psychological abuse for an extended period of time may also suffice for being charged with domestic violence.

If the abused person opts to take action amounting to charges, the negative and abusive behavior of the abuser may get intensified. Getting imprisoned and facing jail term, losing the child’s custody or restraining may be issued by the court against such charges.

Domestic abuse can be defined as a rude or insulting behavior towards a spouse or a partner in relationship. Generally, such behavior embraces vilification, exploitation and extreme control by one of the partners. Abusive behavior means threats, name calling or not fulfilling financial requirements. When an abusive behavior turns physical, it is often treated as domestic violence.

In the US, many states have included specific protections and responses for reporting domestic abuse. Physical beating, kicking or other types of mugging can lead to getting arrested and charged with domestic violence. Even threatening actions or words can suffice for taking legal action against the suspected abuser. A spouse who is separated from his/her partner on charges of domestic violence can seek protection under the stalking laws. The charges and the sentence awarded to the abuser would depend on where the crime was committed, and the extent of damages caused.

If a person is not aware of the laws, he/she could inquire the police station in incognito. Those in power may look for reasons for proposing and issuing charges of domestic violence. Usually, action is taken for protecting the abused spouse before taking steps for arresting the abuser. In case police is called in when the domestic abuse is continuing, generally one of the involved partners is taken away from the scene of action for a definite period of time, or he/she may be arrested for being kept in custody for presenting before court.

Usually, much before making a violence charge, the abused person could have explored the possibilities of walking out of the abusive relationship. Generally, it is advisable to seek the help of some dedicated program. Hot lines are included in phone books, enabling people facing domestic violence to seek police help. It is imperative, and always proves helpful to remove one partner from the site of violence. Such an action frequently proves to be of immense help in preventing disastrous consequences.

Domestic Violence Attorneys – Should You Hire a Domestic Violence Attorney

Domestic violence laws are becoming more obscure under current laws. It is getting to be easier to prosecute a person under these laws for almost any crime committed in the home. They encompass abuse against a family member, significant other, or basically anyone living under the same roof with you.

You need to find out state specific laws when it comes to violent crime the same as any other. Domestic violence attorneys are knowledgeable in the laws that govern your specific geographic location.

When you move to a new area or work outside of your home state you will be subject to local laws and jurisdictions. The adage ignorance of the law is no excuse carries over into this area just like other laws.

If you are charged with a domestic violence crime you will need representation by a skilled domestic violence attorney. This crime can carry a very steep sentence if convicted. You do not want this crime on your record to follow you around.

You may be innocent but without a good lawyer who knows the rules that govern your specific situation you could still be found guilty. If not properly represented our current legal system could rule against you. You need to make sure the person you hire to defend you knows what he is doing.

When you step in a courtroom it is your word against your accuser. If you hire any lawyer you find in the yellow pages you may not be well represented. Domestic violence lawyers know about all aspects of this type of crime and will be your best chance at getting cleared of these charges. Don’t put your life in the hands of anyone else. Do the research now and find good representation.

Getting Knowledge on State Domestic Violence Laws

Laws for domestic violence can be very restrictive or lenient in the state you reside, so a consultation with a family law attorney may be a wise choice. A majority of states have strict laws prohibiting such acts and have laws in place to protect women of domestic violence. The former couples involved in a domestic violence situation may be married, recently divorced, straight, gay, lesbian, living together, going out or not together anymore. Additional involvements may also exist and need to be talked over with a family law lawyer or law enforcement official.

Domestic violence may include verbal abuse, significant other from contacting family, friends, not sharing money, preventing a spouse from getting a job, making a spouse get fired from their job, physical abuse, threatening remarks, sexual assault, following, intimidation, etc. Any questions about what is considered domestic violence should be directed to an attorney or law enforcement official.

There are several hotlines and safe havens that exist for victims of domestic violence, so knowing this is available is very important. The National Domestic Violence National Phone line is among the resources victims should be privy to. The number is located in your local yellow pages. Browsing online is a great way to learn more about domestic abuse resources. Contact an experienced family law lawyer or law enforcement official for extensive information and resources.

An emergency protective order (EPO) may be obtained that according to local law strictly limits the accused from contacting or within a certain amount of feet near the victim. It may also grant custody of the kids (if applicable) to the victim or someone with whom they will be in a protective environment. When in immediate danger, victims should contact 911 instantly and tell the police officers what occurred once they arrive. The policeman may call an on-call court officer to give the EPO on the spot.

To be granted an EPO, the person in danger or his or her kids have to be in immediate and current life threatening situation of extreme violence. The order is valid for five court days or seven calendar days, whichever is less. Further information about an EPO can be obtained by talking to a family law laeyer or law enforcement officer.

To be approved for a temporary restraining order (TRO), the victim must file an application with the nearest family law court. If given, the TRO will be effective once the aggressor is served with papers. To find out more about TROs, victims should, once again, speak with an family law lawyer or a police officer or official deputy.

People affected by domestic violence can be of any gender, race, ethnic background, sexual orientation, age, etc. Knowing one’s resources and phoning the authorities if in immediate danger is important.

Domestic Violence Rears Its Ugly Head

Domestic violence and domestic abuse assault are alive and well in the United States. From the time that we first wrote about this issue over eight years ago the only thing that has changed is that it appears that law enforcement officials are more aggressively pursuing domestic violence complaints. After all, they are a felony.

From a recent article about domestic violence comes this quote:

“Silence is part of the problem. Time and again it’s been shown that the secrecy shrouding domestic violence can allow it to escalate to more severe physical confrontations and tragic consequences. Silence also bolsters society’s illusion that domestic violence is not a more significant social problem, further isolating victims and abusers from getting help.”

If you think you’re doing your intimate partner a favor by keeping quiet about his assaults on you, you’re not. If you feel it’s too embarrassing to talk to a friend and help them in a domestic abuse assault situation, you’re not doing them any favors either.

Silence is not golden-especially in a domestic violence situation.

One out of every four women in the United States experiences intimate partner violence and this is not just limited to adult women. One in three high school age girls experiences violence in a dating relationship.

The percentage of women under the age of 18 who are raped by a family member is an absolutely disgusting 34%, and women who are homeless or have disabilities are especially vulnerable with their percentages over 50% likely that they will be the targets of domestic abuse assault.

The percentage of teen rape and abuse victims who report their assailant as an intimate partner is 76%.

Especially since law enforcement is taking these complaints more seriously, the chances of getting help from the law enforcement community is greatly increased. It used to be as recently as five or 10 years ago that domestic abuse or domestic violence complaints were given a wink and a nod by law enforcement-they just weren’t taken seriously. But thankfully those days appear to be over.

Women who are in a domestic abuse situation should not only arm themselves with a self-defense product like a stun gun or pepper spray, but they should seriously develop an escape plan.

A self-defense product can provide you precious minutes of relief in an assault so you can seek help. An escape plan would entail trusting a friend, neighbor or relative to harbor you in an emergency. You don’t want to leave your future in the hands of a shelter that may or may not be able to admit you.