Divorce and Domestic Violence: Is Domestic Violence Considered a Crime?

Many divorce attorneys and divorce lawyers are often confronted with this question because of the difficulties associated with domestic violence cases. Indeed domestic violence can take numerous shapes including actual physical abuse or threats of physical abuse, emotional abuse, threatening telephone calls, disturbances at person's workplace and stalking. Domestic violence covers many forms of abuse such as physical or emotional dominance and control over a close related person, whether spouse/husband or any other relative.

Therefore, the question to of whether or not domestic violence is punishable under criminal law will often depend on the type of domestic violence and the specific circumstances in which the act or acts of domestic violence took place. However, repeated actual physical abuse is generally not punished the same way as disturbances.

Further, there are no common national laws regarding domestic violence matters in the United States. Each State has its own laws to handle domestic violence cases. Therefore the same domestic violence case may be judged differently from one state to another. However, most States tend to consider domestic violence both as a crime and a civil offense. Therefore, the domestic violence offender may be subject to both a criminal punishment such as a jail sentence and to a civil punishment such as money damages.

Divorce and Domestic Violence: Is Domestic Violence Considered a Crime?

Many States also tend to consider domestic violence a crime against the community. As a consequence, a domestic violence case may be subject to prosecution by the city or district attorney even if charges have not been brought by the abused person and even without his/her assistance. Too often, and in most famous domestic violence cases, the abused person ran away from the family residence, contacted the police, pressed charges, and then tried to have the charges dropped because he/she managed to reconcile with the abuser. In order to prevent such patterns from being repeated, many local communities and states enforced a more severe legal system regarding domestic violence matters.

Whether it is the first complaint or not or charges were pressed or not, domestic violence cases can be brought to justice. Many local communities or states try to inform and warn that domestic violence will not be tolerated by local authorities. If you want to know more about your local legal system and what acts of domestic violence is considered a crime, you can get some useful information with your local bar association or by consulting an attorney in your jurisdiction.

© 2006 Child Custody Coach

Divorce and Domestic Violence: Is Domestic Violence Considered a Crime?
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Domestic Violence in the Military: Report the Abuse

Domestic Violence happens frequently in the military. Domestic violence is a serious crime and should be taken seriously. Sadly, there are times when the victims of domestic violence do not want to cooperate out of fear. Please understand that you are not alone if you are suffering from domestic violence. Domestic violence cases have raised with the stress of deployments, wars and the various stressors that families experience in conjunction with these scenarios. No matter the reason, you do not have to suffer alone.

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There are resources available to help you, and the hardest step in seeking help is to admit there is a problem. Mitigating factors for spouses of military members that keep them from reporting these incidents are that they do not want to jeopardize the military careers of military members. Most men or women do not want them to get in trouble. Women are not the only gender to suffer from domestic violence. Men can fall victim of this crime, but are least likely to report it. Domestic violence does not only entail physical violence.

There are several forms of abuse that service members can act on their significant others.

Domestic Violence in the Military: Report the Abuse

Abuse is labeled as follows:

1. Physically hitting, no matter how light or strong
2. Pulling hair
3. Utilizing a weapon to scare you
4. Verbal insults
5. Kicking
6. Intent staring in a threatening manner
7. Threaten to lie about you to friends and family
8. Withholding money from you, and your family.
9. Taking your name off the bank account.
10. Forcing you to go through him or her for money.
11. Threaten to take your children away if you do not do as they request
12. Threaten to send you home
13. Threatens to physically hurt you, or the children
14. Allows coworkers to humiliate and persecute you

If the abuser is a civilian

If the person who is abusing you is a civilian, the military has no jurisdiction in dealing with the matter. This does not mean that you cannot report the abuse. After reporting abuse, the military can turn over the information to the civilian authorities and provide information for evidence. In some instances, if your civilian abuser is convicted of domestic violence against you, they can be barred from entering onto the military premises if they do not work there. If they work upon the military installation, you can request a protection order that will specify that they cannot come around you or where you work.

If the abuser is a military member

If the abuser is a military member, the military will handle the situation by either referring the case to the "Military Justice System" or the "Family Advocacy System." These systems are not joined together, and they are two entirely different systems. The Military Justice System is a organization created for discipline and the Family Advocacy System was created to investigate, intervene and identify the underlying problems associated with domestic violence. This system will examine the domestic violence allegations, and if the allegations are substantiated, the report will be forwarded to the Military Justice System for evaluation.

Important facts to remember

1. What you say to anyone in the Family Advocacy System can be used against you. There is no such thing as "confidentiality" under the laws of the military.

2. If the domestic violence incident occurred outside the boundaries of the military installation, the civilian authorities could be granted authority. There is no need to worry if this occurs because you can still report the incident to Family Advocacy who will assist you during this process.

Report the abuse

Many domestic violence victims are reluctant to report abuse of a military member. They fear the repercussions of what it would be to their career. Please do not let this fear to stop you from reporting the abuse. Think about it this way; you are worried about his or her life yet, they are not worried about their career, or your safety. You must protect yourself and your family at all times, no matter who the abuser is.

Domestic Violence in the Military: Report the Abuse

http://www.ndvh.org

http://www.sapr.mil/

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