Dating Violence Lawyers

A series of aggressive behaviors used by a person to exert dominance or control over someone they are dating is known as dating violence. Both heterosexual and same-sex couples can engage in this kind of aggressive behavior.

What Activities Qualify as Dating Violence?

This type of violence can take many different forms, such as:

• Verbal abuse: this type of violence involves one spouse berating the other while using threats and insults.
• Sexual abuse: includes any behavior that prevents the victim from controlling their own sexual behavior, such as rape.
• Digital abuse: using any technology or social media to monitor, harass, abuse, or threaten the partner.
• Physical abuse: this is the willful application of physical pressure to harm or frighten.

Using non-physical actions to isolate, threaten, stalk, or degrade the partner is called emotional abuse.

Are Dating Violence and Domestic Violence the Same Thing?

The phrases are sometimes used interchangeably. However, “domestic violence” typically refers to acts of aggression or threats of violence by one person against another family member or household. Typically, violence or assault is involved.

The phrase is used in a broad sense because a household or family can consist of:

• Those in a relationship
• Roommates
• Spouses
• Elders
• Children
• Domestic partners
• Housemates

The use of force or the threat of force between two people in an intimate or romantic relationship constitutes dating violence, a type of domestic violence. A domestic violence court frequently handles an attack or battery between loving partners. In contrast, an assault or battery between two strangers might be tried as a misdemeanor or felony in a regular criminal court. Additionally, non-criminal behaviors between love partners, such as stalking and harassment, can also be considered dating violence. A complainant may request protection or restraining order through the domestic violence court system.

Like ordinary criminal court, the domestic violence court system arraigns defendants on charges, appoints or retains defense counsel, and allows them to enter into a diversion, enter guilty pleas, or go to trial. They are given the same privileges and protections as regular criminal defendants.

On the other hand, domestic violence courts are particularly prepared to deal with arguments between lovers and assist the parties in resolving related civil and family law issues simultaneously, such as child support if the couple has children together and property rights if the couple cohabitates.

Domestic violence cases are commonly transferred to a domestic violence judge rather than a criminal judge, even though the charges involved are crimes according to state law. This is because of the nature of the connection between the parties.

The judge overseeing the case will typically issue stay-away orders that require the defendant to remain within a certain number of yards of the complainant’s home or place of business while the case is ongoing due to the parties’ close emotional and occasionally physical proximity.

Who Can Accuse Someone of Dating Violence?

The following factors determine whether an act of violence is deemed to be dating violence:

• The intimate or social relationship between the accused and the victim
• The depth of the connections between the people

The following elements are taken into account while assessing the relationship’s scope:

• Relationship duration
• Relationship type
• Interaction between the people

What Are the Consequences of Dating Violence?

In many countries, the consequences of dating violence are often the same as those of domestic violence. You could face fines and jail time if convicted of a misdemeanor.

Criminal penalties for dating violence may include jail time, probation, steep fines, and required counseling. Of course, those accused of dating violence who want to escape these consequences have defenses at their disposal.

Dating Violence Defenses

You would have the chance to refute the allegations if you were accused of engaging in aggressive or harassing behavior toward someone with whom you had an intimate or romantic relationship. You have a fundamental right to defend yourself under the 6th Amendment in domestic violence cases that result in criminal convictions and punishments.

A few common defenses are:

• Fabrication
• Provocation
• Self-defense
• Protection and restraining orders

Domestic violence judges usually issue restraining orders and various protection orders that a victim requests from the court. The petition must list reasonable justifications for the request and be filed in good faith.

You will have the chance to reply in writing or in person at a hearing if a petition for a restraining order or another type of protection order is filed against you in your case.

Intimate Partner Violence: What Is It?

Domestic abuse between partners or those who are married or in a civil union is referred to as intimate partner violence. It typically occurs at home and may include recurrent or cyclical patterns of abuse.

Intimate relationship violence is underreported due to the following reasons:

• Concern about the family breaking up
• Fear of the violent spouse taking revenge
• Lack of knowledge of local, state, and federal legislation

Intimate relationship abuse can also include psychological or emotional abuse. Children who experience intimate partner violence may have psychological issues.

Most intimate partner violence cycles have a recognizable progression of stages:

1. Tension: There is emotional tension in the relationship, which is typically followed by conflicts, poor communication, etc.
2. Violence: At this point, the abuser uses physical force to control their spouse. Abuse on an emotional and psychological level may also play a role.
3. Phase of “make-up”: Here, the pair tries to patch things up following their violent outburst. The abuser could feel bad and try to win back the victim’s acceptance.

As a result, several events that span a long time frequently involve intimate partner violence (like months or years). Only cases of domestic violence involving parties who are lawfully married or united in a civil union are recognized in some states. Gay people and other people are protected against domestic violence in many places.

The Spectrum of Intimate Partner Violence

Numerous methods of intimate relationship violence are possible. A few of these are:

1. Abuse that recurs over time in recognizable patterns: Commonly referred to as cyclical abuse.
2. Abuse connected to drugs or alcohol: Some violent behaviors directly connect to drug or alcohol usage.
3. Mutual aggression: Both couples may occasionally engage in violent behavior.

Cycles of abuse are present in the majority of intimate partner violence situations. Nevertheless, prosecutions may be made for isolated acts of violence (in fact, they should be reported).

How Are Cases of Domestic Violence Handled?

Cases of intimate partner violence typically involve numerous different factors. The court must conduct a fact-finding process to ascertain the abuse’s circumstances. Location, date(s), time, and parties involved are just a few examples of possible facts.

A court must also consider additional variables, such as the severity of any injuries and the market value of destroyed goods.

A domestic abuse claim may be heard in one of three courts:

1. Criminal Court: The state brings charges against the abuser in a criminal court. For the matter to be heard in a criminal court, the abuser would need to be arrested;
2. Civil Court: A case for monetary damages and violations of a protective order would be heard in a civil court. The matter may go directly to civil court, where a restraining order may be issued, provided the abuser was not arrested, or the victim was safely removed from the circumstances.
3. Divorce or Family Court: If the domestic violence was related to disputes over child custody and visitation, the claim would probably be settled in a divorce or family court. In some states, domestic abuse proceedings, including restraining orders, can be heard in divorce or family court.

One of the first actions you should do if you are a victim of domestic violence is to get in touch with the police or your local state district attorney. They will give you advice before a necessary court hearing, where you will be required to prove that you were abused or threatened with exploitation. You must typically appear in court to seek a protective order, and the judge will sign the order before it is issued.

Do I Need to Consult a Lawyer About a Charge of Dating Violence?

Speak with a criminal attorney right away if you are being accused of dating violence. The attorney will be in a position to inform you of your rights and potential defenses.