Domestic Violence Definitions

Performing violent acts in the home is a serious crime. In recent years many programs have been put in place in order to promote the reporting and intolerance of domestic violence occurrences. So what exactly constitutes domestic violence? By knowing what acts can be considered forms of domestic related violence you are better able to protect yourself and your loved ones from these situations.

The Definition of Domestic Violence

In the United States, each state has the ability to make their own laws and definitions concerning violence in the home. However, in general this illegal activity of violence is defined as an act done by a family member or household member against another family member or household member in order to cause harm, be it physical or otherwise. Some common acts and offenses that can fall under this classification can include:

· Causing physical harm and abuse
· Physical assault, such as making threats or causing serious intimidation
· Performing physical battery and other forms of violent contact
· Bodily injuries, be they minor or severe
· Performing sexual assault and battery, including spousal rape
· Threatening or implying the intention to cause harm to the other household member

These are some of the acts that can usually fall under the definition of domestic violence. This crime can be punished through fines, jail time, probation, legal orders, or any combination of those items, depending on the severity of the act. If you have been accused of committing this crime it is important you seek legal counsel to protect your rights and freedoms.

For More Information

Because the laws concerning violence in the home vary from state to state it is important to take measures to find out what laws you are responsible for abiding by within your home state. If you would like to know more about domestic violence or criminal defense law, visit http://www.thejohnsonlawfirm.com/practice-areas/assault-domestic-violence/ today.

Feminist ‘Greater Good’ Legislation Gave Rise to the Divorce and Domestic Violence Industry

Feminist-backed ‘greater good’ legislation has produced unjust ‘excuses’ for courts to deprive fathers and other men of their constitutional rights and protections while privileging and benefiting women. This legislation has produced an enormous court order-based industry – the divorce and domestic violence industry (DDVI) – that funds itself through extorting fit fathers and taxpayers. It’s a parasitic cadre of benefactors.

‘Greater good’ legislation effectively denies the inalienable rights – our constitutional rights – for which the U.S. was formed to secure for each of us. Feminists and women’s rights organization have propagandized the need for ‘greater good’ legal excuses under commendable-sounding reasons. They fraudulently suppress the tyrannical denial of rights of fathers and men that it produces. These ‘excuses’ are unconstitutional since securing our individual rights is the ‘greater good’ – the only one – and because their operation negates constitutional protections and maxims of law by which those rights are protected.

Two ‘greater good’ excuses are the safety of women’s ‘abuse excuse’ and the ‘best interest of the child excuse’. The unconstitutional court processes engendered by these excuses grant to women an enormous incentive to file for divorce or paternity to both eliminate fit fathers while extorting money from them for years.

These ‘excuses’ privilege a woman by allowing her – through court orders – to:

* falsely accuse and restrain a father from his house and children at her whim

* get custody of his children despite the father being a fit and loving parent

* receive at least half and, generally, much more of the marital assets, and

* receive what is euphemistically called ‘child support’ payments from the father every week for up to 23 years for however she wishes to spend them.

A mammoth state-participating cadre of benefactors makes up the DDVI, each seeking their benefits and fees that unjust court-orders so easily supply them. They close their eyes to the clear denial of a fit father’s parental rights, his enslavement under extortion that state-kidnapping of his children brings, mother’s alienation of his children and the defaming of him by protecting woman’s ability to falsely accuse him. And who are these benefactors and special interest groups of the DDVI?

Here are just a few:

-Mothers who don’t equally share or alternate full custody with fit fathers but extort the euphemistic child support payments and alimony from them and alienate his children. They commit true child abuse. This is where it all starts.

-Family Court Judges who daily ignore constitutional protections and deny fit fathers their children; then conspire with the Revenue Departments to support themselves illegally by ordering ever larger child support amounts; amass large amounts of political power by rewarding their buddies with GAL appointments, and then get jobs after they retire with GAL provider firms. They are the lynchpin upon which this tyranny depends.

-Lawyers who perpetuate bad divorce laws for the gravy train fees they get. They push for antagonism between father and mother for more fees.

-GALs and their provider umbrella firms, who now make $250/ hr by court appointment with full immunity for writing up ‘hearsay’ reports that always find problems with fathers.

-Parent Coordinators, Family service, and Probation officers who keep their jobs by perpetuating the system by enforcing the anti-father feminist jurisprudence.

-Psychologists who serve as GALs and feed off psychological damage a father and his children suffer under the present divorce system – without advocating change.

-Women’s (changed now to ‘victims’) advocates who all judges know to be women’s advocates and advise women how to plead their case; who monitor judges’ behavior and any anti-women (pro-father) decisions to expose an anti-women judge.

-Mental health evaluation clinics where men in divorce are deemed angry about being tyrannized – and then punished for it!

-Visitation centers for men to see their children for $50+ per hour when they have never committed any act that a reasonable person would consider ‘actionable’ abuse if any at all.

-Prisons who profit by increasing population of father and men due to unjust restraining order laws and child support laws both of which are implemented without constitutional due process.

The VAWA (the Violence Against Women Act) AntiFather Cadre consist in part of:

-Batterers groups instituted only for men -and paid by men to attend -under court order, -none for women who have repeatedly shown to be equally violent or abusive as men.

-Battered women shelters obviously only for women who advise women how to get an ‘effective’ divorce with trumped up abuse allegations

-Parent Education Program and Anger Management Providers who have a mandatory and monopolistic business by court order – which fathers must attend for sure, but not mothers.

-Social service agencies like Department of Social Services that tells mothers that if they don’t get a restraining order against fathers, then DSS will take over custody of children!

-Abuse training, helping, and awareness organizations that train police and counsel judges how all men are in denial if they don’t admit their abusive, and who write rules and legislative laws on domestic violence that are directed against men.

-State prosecuting agencies that receive extra funds for their domestic violence program and follow the present paradigm that the problem is always the man’s propagandized ‘natural’ abusiveness.

-State and Federal Revenue/Child Support enforcement Agencies who receive federal money in proportion to the amount of child support that is ordered by Courts which courts in turn get paid by state revenues – a clearly unconstitutional relationship.

-Child support collectors who make mega-bucks pursuing and persecuting mainly fathers. Anyone can be a bounty hunter.

-Colleges & Universities like Wellesley College in Wellesley, MA which create pseudo-scientific psychological analyses and clearly fraudulent court evaluation studies on how women are abused by the Court system in direct contradiction to the fact that every day in court is “mother’s day”

-Police who increase their budgets and keep their jobs by persecuting mostly fathers/families by executing arrest warrants and the like, including by the recent federal “law enforcement” sweep, not for terrorists, but for persecuted fathers

The DDVI depends on extorting fit fathers and taxpayers for their daily bread. Their political power allows them to fraudulently propagandize their ‘phony need’ while hiding the injustice. They keep the tyranny against fathers in place.

How Do I Find a Domestic Violence Lawyer?

Look at this situation, you have just been served of a temporary restraining order prompting you to avoid returning to your house, seeing and even speaking to your kids and your partner. The police are required to escort you to your home to gather up your things in just fifteen minutes. The best thing to do right after this is to contact a skilled domestic violence lawyer to defend your case.

Do not just hire any lawyer you see, make sure that the lawyer who will be defending you already handled a case on domestic violence. This is crucial because you need an expert lawyer to gather essential information, documents and witnesses for you so you can be acquitted of your criminal charge. Hiring between an experienced lawyer versus an inexperienced one could spell the difference between winning or losing your case.

The internet is the best place to start your search for a domestic violence lawyer. There are a lot of websites that can provide you not only with a list of capable lawyers but also information regarding your case. The first criterion you should consider is the solid background of the lawyer in the law field. It is important that the lawyer you would choose is well educated, and more importantly, posses a license to practice law in the state you are in.

Narrow down your search and use your good judgment in doing so. Now that you have a list of qualified candidates, the next thing you should do is to contact each one on your list and schedule for a consultation. The first consultation is usually free of charge so you better take advantage of this. In this meeting, you can explain your case to the lawyer and then he or she will in turn explain to you how he or she will go about the case you just presented. The lawyer can also advise you on the probability of success based on the facts you presented him or her. The consultation process is another important step in finding a domestic violence lawyer to represent your case. You will have the initial feel of working with the lawyer and this will determine whether you like his style or not and whether you trust him enough to defend you in court.

Once you find the lawyer that you think will best represent you, you then have to work out the payment terms for his or her service. Discuss the payment plans with your lawyer. Both of you should agree with the payment terms, if not, you better look for somebody else. Even if he is the best defense lawyer in the state, it will not matter if he will not work for you due to payment disagreements.

Domestic Violence Against Women – A Nationwide Epidemic

Domestic violence is an epidemic in the United States. Domestic violence victims and domestic violence perpetrators can be anyone. In domestic violence not only does it involve two people it involves the entire family. The people involved can be of any gender. Unlike our stereotypes, domestic violence happens to the wealthy, educated, and even soccer moms. “Violence is inflicted primarily by men; most men have been socialized into masculine identities.” (Wood, 2009). “In the United States, every twelve to eight seconds a woman is beaten by a man; four women each day are reported beaten to death; and women are six hundred percent more likely to be brutalized by an intimate partner than are men.” (Wood, 2009). Statistically, domestic violence knows nothing about socioeconomic, educational, racial or religious boundaries. Domestic violence is learned and can be unlearned; it is important to identify the forms of abuse, why women stay, programs available and changes that can be made to lower rising statistics for our future generations, because contrary to child abuse and elderly abuse domestic violence is not mandated by law to report in Illinois.How is domestic violence learned? “Most domestic violence is caused by learning and reinforcement rather than by biology or genetics.” (Farmer, 2007).

The behavior is learned by observing others who have abused someone in their presence or they themselves have been abused. “Studies have found that nearly one half of abusive men grew up in homes where their father or step father was violent.” (Farmer, 2007). A boy can learn to be aggressive as a child. For instance, in competing in sports activities boys who play football play rough, endure physical pain and injuries and confront their opponents. (Woods, 2009). Also, showing emotion is frowned upon. This can be linked to violent behavior against women, children, animals, as they become more mature. According to Turning Point, Inc., “male violence against women in intimate relationships is a social problem condoned and supported by the customs and traditions of a particular society. Pornographic videos, magazines and websites are learning grounds which teach that women are unworthy of respect and valuable only as sex objects for men. Most videos and computer games have become an important training source for children and teens. Many of the sex-role messages present men as aggressive males and in control with the value of females restricted to their sexual allure. Boys often learn they are not responsible for their actions. Aggression in boys is increasingly being treated as a medical problem. Boys are being diagnosed and treated with medications instead of identifying that they have been possibly traumatized and exposed to violence and abuse at home.

Domestic violence is repeated because it works and because there are frequently no legal consequences. The fact that domestic violence is learned means that the perpetrators behavior can be changed. Most individuals can learn not to batter if there is sufficient motivation for changing that behavior.” (Farmer, 2007, page 2). In our society there are many forms of violent behavior which include “physical, verbal, emotional, sexual and visual brutality they are inflicted disproportionately or exclusively on members of one sex.” (Wood, 2009, page 285). The first form of abuse is physical. Men physically abuse woman by hitting, biting, stabling, pushing or sexual force. The female victim is viewed by society as the weaker and more deserving of being abused whereas the male perpetrators are considered to be strong, aggressive and controlling. The second form of abuse is verbal. This type of violation can be done by a man by intimidating his female partner. Verbally intimidating can include belittling, demeaning, ignoring, disrespecting, “being told what to do,” or by saying “you are fat, ugly, or stupid.” Or other words used can be “nobody will ever want you,” “and you will never amount to anything.”

The third form of abuse by men is emotional. This can include the male partner making poisonous remarks that leave the female feeling guilty, wounded or traumatized and very afraid to take any steps to get out of the situation. For example the use of tone of voice and body language to indicate the female is stupid, ignorant, incompetent or defective. One statement that is often used is “Just who do you think you are?” According to Julia T. Wood on page 289 of Gendered Lives, “at least twenty eight percent and possibly as many as fifty percent of women suffer intimate partner violence, which is physical, mental, emotional, verbal or economic power used by one partner against the other partner in a romantic relationship.” (Wood, 2009, page 289).

Why do women stay in any relationship when abuse is present? There are reasons so numerous as to why women choose to stay in their relationships while being abused. For instance, lack of income and education. The husbands have total control by not letting the spouse work or have money. Women will be isolated and have no outside relationships including family. The abusive spouse will call several times questioning where their spouse is at and to account for their whereabouts every moment of the day. Most women feel trapped into staying in the relationship feeling like there is no way out. Women stay because they are afraid of the repercussions and do not know where to go to feel safe. They feel like without a new identity they will be found. This is especially true when children are involved.

Women will feel guilty by taking away the child from the father. Finally, women will justify the abuse by saying, “I deserved it,” “if only I had not made him mad,” or “if only I did what he asked me to do,” I might not of been beaten. Many women also feel that it is their duty to stay because of their religion to “be submissive,” to their spouse. Some women are raised in the environment to be a people pleaser especially to their parents. They do not know any better than to marry and submit to their spouse. In Chapter twelve of Gendered Lives on page 284, “four million American women experience a serious assault by a partner during an average twelve month period, and at least three women are murdered by their husbands or boyfriends every day.” (Woods, 2007, page 284). Western society recognizes domestic violence with having at least four stages of violence. In Gendered Lives by Julia T. Woods on page 293 it talks about the cycle of intimate partner violence and the four stages. They are identified as tension, explosion, remorse, and the honeymoon stages. The two stages that help victims stay is because of the remorse and honeymoon stage. In the remorse stage the abuser will say anything to keep the relationship such as “I am so sorry” and I promise never to “do it again,” or desperately say “I will get help,” and never follow through. In the honeymoon stage the abuser will feel guilty about their actions and usually buy the victim a gift to make up for their behavior.

The startling number of gendered violence is a nationwide epidemic that needs to be taken more seriously by society. Today, domestic violence against women is still on the rise along with the concern of women’s health issues. Thirty years ago battered women had no options such as a place to go or no places that would offer help and assistance. Today, there are more places to go such as shelters, churches and agencies to help victims of domestic violence. These shelters not only offer a place to stay but assistance with restraining orders, money, lawyers, and new lease on life. Society needs to address abuse by men, and help educate the public, especially the future generation in order to prevent more violent attacks. The solutions sound rather simple but we as a nation need to re-evaluate how we treat offenders in our society, and how we define it and prevent it.

We must learn how to be effective parents, spouses, and teachers without resorting to violent behavior in resolving disputes with our loved ones and those we are communicating with. In order to be able to reduce the statistics of gendered violence it is important to identify the stages, characteristics, and types of abuse. Only by voicing our opinions can we make a difference by either stopping the abusive person in the home or by reporting it or when someone you know is being abused. Each community can contribute by volunteering in their town or by raising awareness by speaking out against violence.

All women are subject to becoming a victim of domestic violence; unless society as a whole chooses to speak out. Can statistics be changed in today’s current rise against domestic violence? Yes, speaking out on the laws can help because if the laws and the punishment against the perpetrator become more strict it can prevent further domestic violence overall. In today’s culture domestic violence against women is not just subject to any economic class; it is up to each person and as a society to make changes that will make current statistics a lower number.

Works Cited

Farmer, J. (2007). McHenry County Turning Point, Inc. Retrieved May 29, 2008, from Causes of Domestic Violence.

Hertz, S. K. (2006, SEPT/OCT). Trapped. Retrieved May 15, 2008 From EBSCOhost (Academic Search Premier)

Christian Science Monitor. (1/31/2007, Vol. 99 Issue 45, p18-18, 2/5p). What we can do about domestic violence. Retrieved May 15, 2008 from EBSCOhost (Academic Search Premier)

Pioneer Development Resources, Inc. (1994-2008). Women’s Rural Advocacy Programs. Retrieved May 27, 2008

Wood, J.T. (2009, 2007). Gendered Lives: Communication, Gender, and Culture, Eighth Edition. North Carolina: Wadsworth Cengage Learning.

Domestic Violence, Gender Discrimination

Personal Safety is a fundamental right of life – the right to live without fear of any harm or danger to you and your family, both immediate and extended. No one has the right to harm, abuse or threaten anyone else and a victim has the right to make a formal complaint and seek action against the offender.

“Domestic violence is any incident of threatening behaviour, violence or abuse (be it physical or emotional) between adults who are or have been in a relationship together, or between family members, regardless of gender or sexuality. The types of behavior frequently encountered in domestic violence are physical attacks, sexual attacks, psychological abuse, and the destruction of property or pets”.

Domestic Violence and abuse “consists of acts committed in the context of an adult intimate relationship. Domestic violence is purposeful and instrumental behavior directed at achieving compliance from, or control over the abused party”.

It is one of the most under-reported crimes worldwide and occurs across all strata of society. Although statistics and analytical figures point that domestic abuse consists mainly of violence by men against women, it is not restricted to these circumstances. In some cases men too are abused by their partners. However, it is shocking that globally domestic violence accounts for 16% of all violent crimes and 77% of victims are women. It is equally shocking to read that most victims have suffered repeated abuse and continue enduring physical violence for several years before they make a formal complaint. Unfortunately, in most cases, children are at the receiving end of abuse within homes. It is also equally relevant here to note that most women do not report violence or abuse for fear of harassment to their children.

Domestic violence in homes occurs if a spouse is being subjected to abuse by current or former spouse, parent or child. Even if a person is harassed, threatened, stalked, beaten, freedom of movement restrained, or property destroyed; then all these too constitute domestic violence. A victim of domestic violence does not have to be in a marital or other relationship.

Attitudes that are reflected by society contribute greatly to domestic violence. Long held notions that a wife is the “property of a husband and he can do what he likes to keep her in check” have been the cause for delayed action in cases involving domestic violence. Adding to this already aggravating situation is the view that ‘domestic violence’ does not strictly come under the purview of ‘police investigation’. Archaic laws like “the rule of thumb” existed till very recent times.

Till the 1970s, most cases involving domestic violence were settled by mediation by third parties without achieving any desired results. Police response to domestic violence has a pathetic record globally.

Family Law guidelines view such violations seriously and advise victims on the action they need to take and also on what will happen once their application is received. It has also enforced the ‘right of protection to women irrespective of status’ as a constitutional fundamental right.

Several legal cases in the US and Europe have highlighted the plight of victims of domestic violence as well as landmark judgements that have been pronounced. Today, many police agencies adopt mandatory arrest policies enforcing the view that society should view domestic violence as a criminal offence. Only strict action and stringent punishment can provide safety and solace to victims of domestic violence.

In India’s context, it is relevant to sit up and take notice of the increasing number of incidents that are classified as “honour killing” in recent times. Thanks to media exposure, more numbers of incidents are highlighted and the world at large is witness to some gruesome crimes, which are horrifying to say the least. How could family, kith & kin kill another member of the family brutally just to avenge ‘honour’ and ‘status’? What is this mindset? Even the most expert of psychologists may have to delve deep into their knowledge and expertise to come up with plausible explanations and reasoning. For the record, murders are committed of girls who elope with boyfriends; or marry a man of their choice, outside of their own community or caste, against the parents’ wishes; or decide to have a harmless cup of coffee or an ice cream with a classmate of the opposite gender.

Some of these violent crimes are aided and abetted by so-called communal and religious bodies, obviously with backing from some political party that they pledge allegiance to. One such agency took upon itself to “marry off” any two people of the opposite sex who were seen out in the open on Valentine’s Day. Utterly shameless and perverted thinking of the worst kind. Another local administrative body suggests that girls ‘must be’ married off at the age of 15 and boys at the age of 18 to prevent them going ‘astray’ and indulging in shameful activity. A minister went on national television to say that ‘governance cannot trample and set laws that oppose traditional beliefs and mindsets’. What a myopic and absolutely shameful viewpoint!!! Such negative trends will have far reaching consequences on a society’s growth and development. Elsewhere, governments are providing incentives to families to educate girl children because it is not believed without reason, that if you “educate and liberate a woman with knowledge and confidence, you are educating and liberating a family”. Females of any species have that innate ability to strive and overcome obstacles especially when it comes to protecting and providing for the wellbeing of their families. Perhaps nature’s design is not without purpose because every family, even in the poorest of villages across India, that has a literate girl child has seen innumerable benefits being absorbed into their lives in many ways.

Another obvious example of the success of women’s liberation is the micro financing schemes introduced in Third World economies which is ample proof of what women can achieve for themselves, and in turn their families, if they are given the right opportunities and assistance. This success has been a lifeline for millions of families around the globe transforming communities and towns into hives of action and sustenance fuelled by women, cutting across language, regional, religious and communal barriers.

There are huge implications from these positive results and vast lessons for the rest of the world to learn. Hopefully, now that the transformation has arrived, it will evolve to engulf the whole world.

And we may as yet live to see gender biases and discrimination a thing of the past. Long live women power!!