Domestic violence is a kind of physical and mental violence against the person in a familiar relationship, who is protected by law from assault such as a spouse, relative, or sexual or dating partner. Some states have also classified threats to commit violence against the protected person as crime under domestic violence. Federal laws have also made certain criminal acts that involve violence with the spouse. In addition to criminal penalties, domestic violence also serves as a ground for protected orders from the court, which further affects contact with the accused and custody of the child.
Domestic violence mainly refers to the person residing in the aggressor’s house at the time of the offense, such as an intimate partner, spouse, or children. But the definition of a protected person does not limit only to the person sharing home with the aggressor. Because violence turns up by ending the relationship with the person who is no longer in an inner relationship or dating relationship with the accused. It is not crucial that the criminal and the victim have stayed together to qualify as domestic violence in many jurisdictions.
Types Of Domestic Violence
- Physical violence: The type of violence refers to the harm caused to the victim through the use of physical strength, weapons, or any kind of nonsevere punishments that are considered physical violence.
- Psychological violence: The kind of behavior that refers to any type of emotional harm to the victim that decreases their self-confidence or disturbs the healthy development of their family members.
- Sexual violence: Refers to unwanted intimations or and any other market or sexual use of a victim through another person. This relates to violation by strangers, arm force conflict, forced marriages, sexual harassment, or contraception.
- Patrimonial violence: This type of violence defines the action on the part of the abuser’s life that affects the economic life of the victim.
Protective Measures For Domestic Violence
Protective measures for domestic violence are made to preserve the victim’s life, injuries, and preserve the property. This law aims to protect women, children, goods, and other household members.
Protects women: These laws seek immediate and effective protection of the victim and children who are found at risk by taking protective and corrective measures. These measures should be made according to the court statement, nature of alleged violence, and examinations that assess the emotional state of the victim with the mental and physical injuries and probability of repetition of violence.
Prohibition of harassment: To preserve the affected person’s dignity, the judge prohibits the owner’s access to where the accuser’s family lives. This prohibition includes the restriction of contact with the victim and their friends and family. If the measure is implemented, the judge orders the abuser to abstain from harassing, intimating, or threatening the abused or any other family member.
General nature and access: The main principle behind protective laws is to meet all the accused’s requirements, and the court also ensures the victim for all possible resources to guarantee the protection of the accused.
Food and substance expenditure: The judge orders for expenses of food, education, clothing, and child recreation, if any. The court also takes account of the beneficiary under the food quota by considering the income of the abuser.
Safe residing of victim: The women are forced to leave their residence in many cases; hence a secure home is guaranteed to the women till the judge makes a practical judgment to exclude the victim from residing in the typical house.
Order for protection: The judge will give an order to the local, state, or national police to take measures for the victim’s immediate safety if the Domestic Assault Lawyer Winnipeg demands on request of the accused.
Disobeying of protective measures: In any case, if the accuser breaks the protective measures, then the judge can order executing actions against the forcible and can send the file to the official penal court to impose relevant penalties.
Presentation And Types Of Evidence
Evidence is considered as an important element against the abuser. The lack of critical evidence against the accuser affects the judicial process. The various types of evidence regarding domestic violence are:
Witness: The witness is requested during the complaint or on order from the judge. It is vital to consider all the physical and psychological evidence for violation of the act, as evidence is the key while looking for the damages caused to the accused. Professional opinions from recognized organizations are also considered.
Testimonials: Testimony from family, neighbors, and friends is considered necessary and taken into consideration by the judge. Urgent preventive measures can be taken if witnesses rally the court, and their statements can accompany denunciation. At the same, they will sign their argument in court. The court here avoids the confrontation of the accused and the accuser in public as the accused is minor in sexual abuse.
Documentary: The clinical file of the victim and her children are also taken into consideration to take precautionary measures and information regarding belongings and properties and other things such as credit cards, earnings, bank account to ensure an adequate food quota.
There are laws regarding the protection of victims protected by domestic violence, the above article is all about measures, types and evidence for domestic violence.