How the Law Protects Victims of Domestic Violence

Domestic violence is more than just physical harm or physical assault. It also involves threats and intimidating behavior, sexual violence, economic control, stalking, emotional harm, and psychological coercion. The legal system has built up a stacked set of responses for these kinds of damage, and victims really do have more options than most people expect. 

According to CDC lifetime estimates, nearly 43.5 million women and 20.7 million men in the United States have endured some kind of intimate partner violence, such as physical harm, sexual abuse, or ongoing stalking.

According to Ellijay domestic violence lawyer Sarah Sevcech, getting a protective order is one of the immediate steps an individual can take to protect themselves and their child’s well-being. A protective order is usually available within 24 hours and is designed to be kept in place until the court concludes a hearing of the matter in dispute and the complaint is thoroughly investigated.

Let’s discuss what measures the legal system has put in place to protect domestic abuse victims and other relevant resources that can be used for these types of cases.

Protective Orders: Emergency and Long-Term

In situations of domestic abuse, the first step in seeking protection is to apply for protective orders. It can either be in the form of temporary or emergency orders or permanent orders.

An emergency or ex parte order of protection can be obtained rather quickly without the abuser appearing before a court. The process for this order is usually completed within several hours after application or following a police report.

A final order of protection will be issued when sufficient evidence is found, and it lasts from one to five years and may be prolonged if necessary.

An order of protection can prevent an abuser from contacting and approaching the victim. The terms of the order provide certain limitations for child custody.

According to the Lautenberg Amendment to federal gun control legislation, individuals who have some form of domestic abuse order cannot possess firearms and ammunition.

The person seeking protection or the petitioner must prove abuse occurred or is likely to occur, according to the legal website https://familylawconcerns.com/. The proof can be through evidence such as police reports, text messages, witness statements, or medical records. 

Criminal Law Protections

The crime of domestic violence is recognized in all 50 US states. 

A person can be charged for domestic assault, threats, domestic stalking and harassment, domestic sexual assault, or strangulation, depending on the circumstances involved.

In some states, domestic violence charges can constitute a separate crime. Additional punishment is to be expected if the victim is a spouse, partner, or member of one’s household.

Police enforce mandatory arrest policies in most states. Under these laws, a law enforcement office is required to make an arrest whenever there is probable cause. 

This approach makes it harder to exert pressure on victims to be silent and withdraw from participation. Prosecuting the case is feasible even in the absence of help from the victim.

If anyone is found guilty, there is a likelihood of a jail sentence, probation, administration of prevention orders, and forced attendance to mandated treatment programs.

Criminal outcomes can also affect family court cases. Take for example, a custody battle. Under federal law, a parent who is subject to particular protection orders or a domestic violence conviction will likely be declared unsuitable to be in custody of a child.

Family Court Protections in Custody Cases

The family court has extensive powers to safeguard domestic violence victims and their children in matters of divorce and custody. 

Many states have provisions where there is a presumption of unfitness for any parent with a background of domestic violence in custody proceedings. A parent accused of domestic violence must prove that he or she qualifies to have custody rather than the victim justifying each restriction.

The court can also make orders of supervised visitation, arrange meetings between the victim and the other parent in safe and neutral places, and set conditions like sobriety tests and completion of certain programs. 

The court can also issue a geographic limitation to restrict the other parent from coming close to the child’s residence, school, and usual place.

The Violence Against Women Act makes provisions for federal funding of legal aid so that domestic violence victims are not disadvantaged in terms of legal representation in family court.

Economic Protections and Housing Rights

One form of domestic violence is economic abuse. Financial dependence may be an obstacle in leaving a situation of abuse for the victim of domestic violence. To address this issue, the legal system has put forward certain legal remedies for victims involved in such situations.

Many states provide that victims of domestic violence can terminate their lease agreement early without being subjected to any penalty if it is not safe for them to stay with the abuser. 

Laws have been passed that make it illegal for a landlord to evict tenants who are suffering from domestic abuse or sexual harassment or are victims of stalking.

For broader aspects of protection, including those related to housing, one can cite the Fair Housing Act.

Victims of domestic violence may receive help from the state’s crime victim compensation fund, which pays for their medical expenses, therapy, lost wages, and relocation if necessary.

Reporting the crime is necessary, but some states do not require victims to do so.

Legal Protection Works When It Is Accessed

Protections available to domestic violence victims may be extensive, but they are dependent on access. 

Without being filed, an Order of Protection will not accomplish very much. 

Reports help result in criminal charges being processed. If the custody presumption is not raised at the right time, then it is not used. 

Planning for safety and advocacy services, which are often provided by domestic violence groups, legal aid agencies, and family lawyers, can assist victims in identifying the possible paths forward along with the best means of utilizing them.

If you want to receive some assistance, then try using the National Domestic Violence Hotline. This hotline can refer you to local legal services and connect you to safety planning and advocacy groups in your community.