What Is The Definition Of Domestic Assault?

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What Is The Definition Of Domestic Assault

What Is The Definition Of Domestic Assault?

Domestic assault can refer to many different things. The most common term that is used when there is violence in a domestic relationship is “domestic violence.” This happens when people act violently toward someone with whom they have a relationship. It can be the abuse of a child, a spouse, or another close family member. Domestic assault is when someone harms another person within their house regardless of the definition of the relationship; if that relationship exists, then it falls under the umbrella of domestic assault.

Domestic violence can sometimes also be called “spousal abuse.” It is not usually just a “one and done” event, but is a systematic way that one person uses either physical or psychological harm to maintain control. Called a “cycle of violence,” the type of charges that can be issued depend on whether there were actual injuries, whether a minor child was involved, and whether there was already a pre-existing restraining order or protective order that was violated.

Rape and murder can also be forms of domestic assault; but it is usually less egregious behavior like hitting, pushing or slapping. Stalking, which is also illegal, also falls under the umbrella of domestic assault.

Is domestic assault a crime?

Depending on the state, domestic assault might or might not be a specific crime. This means that when there is violence between two related parties, if a state like NY recognizes domestic assault as a separate entity, then they would be charged with domestic violence or assault. If there are no statutes in place, then they might be charged with a crime like assault and battery. The reason that many states make domestic violence a separate charge is because it is a way that people use another person’s vulnerability in a relationship to harm them. Therefore, the courts tend to view it as a much more serious crime than when a stranger perpetuates violence on someone else.

What are the forms of domestic assault?

There are various forms of domestic assault that might be punishable by law, including:

Physical abuse

Physical abuse involves battering, slapping, biting, hitting, pushing or any type of violent behavior against another person in a relationship.

Sexual abuse

Sexual abuse is when the victim is coerced or attempted to be coerced into having nonconsensual sexual behavior or contact.

Emotional abuse

Emotional abuse is when the abuser attempts to deflate the victim’s self-esteem or self-worth to control or manipulate them.

Economic abuse

Economic abuse is when the victim is controlled by someone making them reliant on the abuser through financially manipulating them.

What to do if you are domestically abused

If you are in a situation where you are being domestically abused, there are many things that you can do to get the abuse to stop. An order of protection is the first line of defense to protect yourself and your dependents and to stop the abusive behavior. Although they vary from state to state, there are different types of orders of protection that can be initiated by someone who is the victim of domestic assault.

If you are being abused, then the first thing to do is to call the police to report the incident. Often victims stay silent because they are fearful of reprisal if they speak up. If you are being domestically assaulted in any way, then it is not going to stop unless you make it. Once you have made the abuse known, law enforcement is required to take action to protect you. If you have a restraining or other order of protection and your abuser does not stop, they can end up in jail. Although you can file for an order of protection on your own, to be on the safe side it is best to hire a domestic violence lawyer NY to help keep you safe and to prove your case in court.

 

If you have an order of protection and your abuser refuses to follow it, then it is important for you to contact the proper authorities to make it stop. If your abuser does not follow the order of protection, then it is possible for them to face prison time. You don’t have to live with domestic abuse of any type; there are many resources available to help keep you and your loved ones safe.

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