US DOMESTIC ABUSE LAW

Domestic abuse is behavior used by one person in a relationship to control the other person. Partners may be married or not; heterosexual, gay or lesbian; living together, separated or dating.

Research reveals that domestic abuse crosses all racial, ethnic, religious and economic lines. Although both men and women can be victims of domestic violence, an estimated 90 percent to 95 percent of domestic violence victims are women. Women who are 16 to 24 are most at risk. Studies also show that women face the greatest danger immediately after they leave an abusive relationship.

Domestic abuse isn’t just physical. It's also the threats, emotional abuse, harassment and stalking that a spouse, partner or date use to control someone else’s behaviour. The abuse frequently occurs in predictable patterns as part of a cycle of violence in which the behaviour escalates, erupts and then mellows into apologies.

WARNING SIGNS

An important step toward helping yourself or someone you know in preventing or stopping domestic violence is recognizing the warning signs. These include:

Name-calling or putdowns

Keeping partner from family/friends

Stop partner from getting a job

Actual or threatened physical harm

Sexual assault

Intimidation

Domestic violence is a crime in all 50 states. Most domestic abuse laws are in place at the state and local levels, and there are some federal laws as well. The Violence Against Women Act makes it a federal crime for a convicted abuser to cross state lines to continue to harass or abuse a spouse or partner, or to violate a restraining order. It’s also a federal crime for an abuser who has a restraining order to purchase or possess firearms and ammunition.

POTENTIAL VICTIMS OF ABUSE

Domestic abuse can be directed against anyone, from children to current or former partners, roommates - even parents. Although women can be abusers, this type of crime is typically committed by men.

Many people believe domestic violence laws only protect a wife from being physically abused by her husband. But the law today is much broader. Many states have expanded the definition of domestic violence to protect other groups of people, including:

Wife and husbands

Girlfriends and boyfriends

Elders being abused by family members

Roommates abusing each other

Gay and lesbian relationships

The US Department of Justice says that each year approximately 1 million incidents of abuse occur against a current or former spouse or partner. It’s a difficult crime to track because state and local law enforcement agencies don’t always report domestic abuse the same way. And many incidents of domestic violence are never reported at all.

One of the biggest obstacles to resolving domestic abuse is the unwillingness by many battered women to press charges. When it comes to abuse against children, though, prosecution is at the discretion of the state.

ARE YOU A VICTIM OF ABUSE?

First and foremost, it is vital to report any incidents of domestic violence to the local authorities (police) as soon as possible. Hiring an attorney is also an important tool for your own benefit. Besides informing you of your legal rights and remedies, a lawyer can also assist you in obtaining:

• Temporary restraining order to keep the person away from you
• Restraining order to remove the person from your household
• Divorce or legal separation

The first legal step against an abuser is to file for a restraining order. If someone is in immediate danger, he or she can get an emergency protective order, also called a temporary restraining order. This prohibits the abuser from making any contact with the victim. The accused abuser is not allowed to come to the victim’s home, work, school, etc. To get an emergency protective order, call the local police. Law enforcement officials can usually obtain them after regular court hours.

Temporary restraining orders usually last a few days. To apply for a more permanent one, the person needs to go to court to fill out paperwork. At that time, he or she will need to write an affidavit, describing the incidents of abuse or stalking. The person needs as much identifying information about the accused as possible, such as license-plate number, date of birth, Social Security number and work and home addresses. The court will also ask if this person has a license to own a gun.

FREE LEGAL SERVICES

To find out more, call your local legal aid office. Or call the National Domestic Violence hotline for help: 1-800-799-SAFE (7233).

Most states have shelters to house victims of domestic violence. Many police departments intervene aggressively in domestic violence situations to encourage the victim to bring criminal and civil charges against the abuser.