What Constitutes Domestic Violence Exactly?
As kids, we are taught the general rule ‘not to hit someone.’ Although it seems simple advice, it is not easy to follow, especially when emotions run high. As we grow old, the circumstances and scenarios change. People come in our lives and they may do certain acts or speak certain words which can test our patience. For some, keeping their calm is easy, but for others, it might as well be a hell of a job. Acts of domestic violence are never justified, in life, as well as in court. Whatever the case, the offender will always have a hard time explaining in court why they did what they did. There is never a “good reason” to slap or abuse your spouse, hurt them or even push them. Any civilized person, as well as any judge, will consider acts of violence as immoral and heinous.
People are also uncertain of what exactly constitutes “domestic violence.” There is no precise definition or meaning of the term, and based on various incidents that have occurred over the years, the term has steadily evolved. The current definition of domestic violence is defined as someone abusing another person in any of the various ways, whether it is physically, verbally, mentally, psychologically or emotionally. In states like California, certain acts, such as gaining access into a spouse’s email account may also be construed as an act of domestic violence.
According to law, it is not lawful to strike a partner. One should also be careful not to say hurtful words or do certain actions which may be considered abusive. Moreover, these acts of abuse or violence must not be said or done when children are around. All these actions fall under the label of “domestic abuse” or “domestic violence” and will result in harsh penalties.
Consequences of Domestic Violence
Acts of domestic abuse and violence are taken very seriously and they have legal consequences. Depending on the incident, the spouse can have domestic violence restraining orders issued against the offending spouse. In this case, the offender will be required to pay attorney fees for their spouse along with their own attorney fee if it is found out that they committed those acts of violence. A criminal prosecution will also cost them thousands of dollars, along with other penalties including jail time.
If the incident escalated to physical violence, then the victim may sue the offender for damages or medical treatment they required relating to the injury. The court will also decide whether the abuser should be allowed to spend time with their kids, or if the incident would lead to legal separation or divorce.
Couples are expected to keep their cool in a relationship and not to have heated arguments, especially in the presence of kids. They should talk it out or seek marriage counseling if they are having problems getting along and keeping their marriage together, or consult a legal professional for advice.