Domestic Violence Law
This type of violence includes psychological harm and threatened acts of violence, as well as physical acts, such as stalking, assault, battery, rape and homicide, and is marked by one individual’s attempt to dominate and control another, often through a pattern of intimidation. The family relationships include parents of a child or children, married couples, and domestic partners. This type of violence occurs among all economic classes, religions, genders, nationalities and ethnicities.
Domestic violence was originally defined as “violence by one spouse against the other spouse.” However, this definition has evolved over time and while the exact legal definitions may vary from one state to the next, they often include violence against parents and children, and between siblings, same-sex partners and members of the same household, regardless of kinship.
What is Domestic Violence Law? It may be classified under both Criminal law and Tort law, and certain aspects overlap with Family law. This area of law deals with violence that occurs in a family setting or within an intimate relationship, referred to as domestic violence, domestic abuse and spousal abuse.
Not all states define all acts of domestic violence as crimes subject to criminal punishment. Even when these acts are prosecuted as criminal violations, they may also be classified as torts, with the available option of civil litigation and the pursuit of money damages. Many victims of domestic abuse refuse to prosecute their abuser due to intimidation, fear of reprisal, the associated stigma and the emotional and psychological damage they have been repeatedly subjected to. Therefore, many states now mandate prosecution of the offender by district and city attorneys without the cooperation of the victim.
In an effort to protect domestic abuse victims, the legal system provides for orders of protection, also called restraining orders, which order the abuser to stay away from the victim, her residence, place of work and school and carry penalties for disobeying, such as fines and jail time. In addition, these protective orders may include other restrictions regarding non-physical contact and/or harassment and include instructions against threatening or further harming the subject of abuse. Like domestic abuse, laws governing these orders are also enacted on the state level and vary among the different states. Visit Us at Google+ Copyright HG.org
Domestic Violence - US
- ABA - Commission on Domestic Violence
Founded in 1994, the mission of the ABA Commission on Domestic Violence ("the Commission") is to increase access to justice for victims of domestic violence, sexual assault and stalking by mobilizing the legal profession. The Commission addresses the acute need to increase the number of well-trained and supported attorneys providing representation to victims by providing creative training opportunities for lawyers, law students, and other legal advocates
- AEquitas - The Prosecutors' Resource on Violence Against Women
AEquitas' mission is to improve the quality of justice in sexual assault, domestic violence, dating violence, and stalking cases by developing, evaluating, and refining prosecution practices that increase victim safety and offender accountability.
- Domestic Violence - Overview
Domestic Violence isn't just hitting, or fighting, or an occasional mean argument. It's a chronic abuse of power. The abuser tortures and controls the victim by calculated threats, intimidation, and physical violence. Actual physical violence is often the end result of months or years of intimidation and control.
- Federal Domestic Violence Laws and the Enforcement of These Laws
In 1994, the Congress of the United States, as part of the Crime Bill, enacted legislation empowering the federal government to participate in the fight against domestic violence. This legislation, called the Violence Against Women Act (VAWA), recognized that "violence against women is a crime with far-reaching, harmful consequences for families, children and society" (Domestic and Sexual Violence Data Collection, A Report to Congress under the Violence Against Women Act, 1 [NIJ Research Report 1996]).
- USDOJ - Office on Violence Against Women (OVW)
The Office on Violence Against Women (OVW), a component of the U.S. Department of Justice, provides national leadership in developing the nation's capacity to reduce violence against women through the implementation of the Violence Against Women Act (VAWA). Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies, and practices aimed at ending domestic violence, dating violence, sexual assault, and stalking. Currently, OVW administers two formula grant program and 17 discretionary grant programs, which were established under VAWA and subsequent legislation.
- Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA)
The Violence Against Women Act of 1994 (VAWA) is a United States federal law. It was passed as Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994 HR 3355 and signed as Public Law 103-322 by President Bill Clinton on September 13, 1994. It provided $1.6 billion to enhance investigation and prosecution of the violent crime perpetrated against women, increased pre-trial detention of the accused, imposed automatic and mandatory restitution on those convicted, and allowed civil redress in cases prosecutors chose to leave unprosecuted.
- Violence Against Women Online Resources
Violence Against Women Online Resources provides materials on domestic violence, sexual assault, and stalking for criminal justice professionals, sexual assault and domestic violence victim advocates, and other multi-disciplinary professionals and community partners who respond to these crimes.
- Women's Justice Center
Women's Justice Center Mission: To provide advocacy, free of charge, for victims of rape, domestic violence, and child abuse, particularly in the Latina and other under served communities of Sonoma County. To provide advocacy training and community education. To coordinate the Task Force on Women in Policing with the goal of increasing the number of women and minorities in our law enforcement agencies. To commit to equal justice for all women and girls.
Domestic Violence - International
- Australian Domestic and Family Violence Clearinghouse
The Clearinghouse is a national organisation, providing high quality information about domestic and family violence issues and practice. The primary goal of the Clearinghouse is to prevent domestic and family violence. We do this by supporting specialist and generalist service providers, government agencies, researchers, advocates and activists in their efforts, through the dissemination of information and research, and through facilitating discussion.
- Domestic Violence Laws - European Union
Although there is relatively little European Union (EU) law that deals specifically with domestic violence, the obligations imposed by the EU’s legal framework regarding violence against women would govern Member States’ obligations with regard to domestic violence.
- International Directory of Domestic Violence Agencies
Global list of abuse hotlines, shelters, refuges, crisis centres and women's organizations, plus domestic violence information in over 80 languages.
- Multi-country Study on Women's Health and Domestic Violence against Women - WHO
This report presents initial results based on interviews with 24 000 women by carefully trained interviewers. The study was implemented by WHO, in collaboration with the London School of Hygiene and Tropical Medicine (LSHTM), PATH, USA, research institutions and women's organizations in the participating countries.
- Women's Aid - UK
Women's Aid is the key national charity working to end domestic violence against women and children. We support a network of over 500 domestic and sexual violence services across the UK.
Organizations Related to Domestic Violence
- National Online Resource Center on Violence Against Women
The mission of VAWnet, the National Online Resource Center on Violence Against Women, is to harness and use electronic communication technology to end violence against women. VAWnet, the National Online Resource Center on Violence Against Women, is funded through a Cooperative Agreement with the US Centers for Disease Control and Prevention and is housed within the National Resource Center on Domestic Violence (NRCDV).
- Battered Women's Justice Project
The Battered Women's Justice Project is a nationally-recognized partnership and collaboration between the programs of the Domestic Abuse Intervention Programs (formerly Minnesota Program Development, Inc.) and the National Clearinghouse for the Defense of Battered Women.
- Child Welfare Information Gateway - Domestic Violence Services
Child Welfare Information Gateway promotes the safety, permanency, and well-being of children and families by connecting child welfare, adoption and related professionals as well as concerned citizens to timely, essential information.
- Domestic Violence Institute (DVI)
The Domestic Violence Institute (DVI) is a non-profit, public (501c3) agency with affiliate centers around the world. Our mission is to educate and train professionals and lay people, conduct research, and impact public policy about violence against women, children, men, the elderly and promote survival of the non-abusive family.
Emerge's mission is to eliminate violence in intimate relationships. In working toward this goal, Emerge seeks to educate individual abusers, prevent young people from learning to accept violence in their relationships, improve institutional responses to domestic violence, and increase public awareness about the causes and solutions to partner violence. With the development of parenting education groups for fathers, Emerge has expanded its mission to include a goal of helping men to become more responsible parents.
- Futures Without Violence
The Futures Without Violence Center (Formerly Family Violence Prevention Fund) works to prevent and end violence against women and children within the home, and in the community. they advance the health, stability, education, and security of women and girls, men and boys worldwide.
- National Center on Domestic and Sexual Violence (NCDSV)
The National Center on Domestic and Sexual Violence desings, provides and customizes training and consultation; influences policy, promotes collaboration; and enhances diversity with the goal of ending domestic and sexual violence.
- National Clearinghouse on Abuse in Later Life
NCALL's mission is to eliminate abuse in later life by challenging beliefs, policies, practices and systems that allow abuse to occur and continue and to improve safety, services and support to victims through advocacy and education.
- National Coalition Against Domestic Violence (NCADV)
The Mission of the National Coalition Against Domestic Violence (NCADV) is to organize our collective power by advancing transformative work, thinking and leadership in communities and individuals who seek to end violence in our lives.
- National Council of Juvenile and Family Court Judges
The VISION of the National Council of Juvenile and Family Court Judges is for a society in which every family and child has access to fair, equal, effective, and timely justice. The MISSION of the National Council of Juvenile and Family Court Judges is to provide all judges, courts, and related agencies involved with juvenile, family, and domestic violence cases with the knowledge and skills to improve the lives of the families and children who seek justice.
- National Domestic Violence Hotline
We believe that every caller deserves to be treated with dignity and respect. We believe that every family deserves to live in a world free from violence. We believe that safe homes and safe families are the foundation of a safe society.
- National Network to End Domestic Violence
In 1990, a small working group of state domestic violence coalitions and advocates, known as the Domestic Violence Coalition on Public Policy (DVCOPP), came together to fill the information and expertise gap in the early discussion of federal public policy related to domestic violence.
- National Resource Center on Domestic Violence
The National Resource Center on Domestic Violence (NRCDV) was founded in 1993 as a key component in a national network of domestic violence resources. The NRCDV provides support to all organizations and individuals working to end violence in the lives of victims and their children through technical assistance, training and information on response to and prevention of domestic violence.
Providing legal information and online support to victims of domestic violence or sexual assault.
Articles on HG.org Related to Domestic Violence
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- U.S. Census Shows Fewer Divorces in NortheastThe results from the 2011 American Community Survey, published by the U.S. Census Bureau in 2012 showed that the state with the lowest percentage of divorced residents was New Jersey.
- The Cheapest Way to DivorceThe typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.
- Equitable Distribution in New York State: How Property is Divided in DivorceWhen a couple divorces in New York State, how the parties’ property will be divided must be agreed upon between the spouses or determined by the court. The process of determining how to fairly divide property between two spouses is referred to as equitable distribution. This does not mean that property is divided 50/50 between each party, but rather, the court considers what each party contributed to the marriage and what each person’s needs are in order to fairly distribute marital property.
- All Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce, domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial agreement, separation.