Understanding Domestic Violence Claims

Posted on: 12 July 2021

Domestic violence is a concern across the country. The victims of domestic violence are not limited to wives. Spouses, intimate partners, children, and family members can also be victims of domestic violence. If you have experienced domestic violence, you need to consult a family lawyer for help. 

When Can Police Make an Arrest for Domestic Violence?

A police officer can only make an arrest for domestic abuse if they have probable cause. Your family lawyer can help you establish probable cause. Additionally, an officer can make an arrest if the abuser has gone against the terms of a protective order.

Some circumstances under which a police officer can make an arrest is if they believe the abuser abused someone they live with. Furthermore, the officer should have proof of physical injury. You should also report the incident within 48 hours.

What Are the Types of Domestic Violence?

Domestic violence refers to abusive behavior in a relationship where one partner seeks to control another. The main types of abuse are physical, sexual, and emotional abuse. Physical abuse involves hitting, battering, forcing someone to consume drugs, or failing to provide medical treatment to the victim.

Sexual abuse involves coercing someone to have sexual contact without their consent. Sexual abuse may be in the form of marital rape and sexually demeaning the victim. Lastly, there is emotional abuse. In this form of domestic violence, the perpetrator invalidates the victim's self-esteem.

What Are Protection Orders?

When you file a claim against the perpetrator of domestic violence, you will likely get a protection order. The main types of protection orders are civil protection orders and temporary protection orders. 

The civil protection order can last for a year and will keep the abuser from coming near you, hurting you, or having any contact with you. The court can enforce this order by putting the abuser in custody.

On the other hand, a temporary order is given in emergency situations for up to 14 days. You can file a civil protection order on the same day you request a temporary order.

In Conclusion

It can be frustrating living with an abusive partner, spouse, or family member. Many victims fail to report these incidences for fear of failing to get justice. If you have been victimized by your partner, consult a family attorney. The lawyer will help you prove your case and get a protection order. In severe cases, your attorney can help you file criminal charges against the perpetrator.