DOMESTIC VIOLENCE
BE SMART-UNDERSTAND
THE LAW
By: Douglas J. Davis
Domestic violence has been around
for a long time. Unfortunately, battered and abused spouses were
ignored until recent times when legislatures finally woke up and
enacted legislation to protect those who could not protect
themselves.
No one and I mean no one has the
right to hit another. There is no excuse and absolutely no
reason that anyone should have to suffer from violence and
humiliation. The real question is WHY battered and
abused spouses allow themselves to be placed in a position for
abuse?
There is no simple answer.
However here is a list of common reasons.
1. Financial dependence on spouse.
2. Lack of self esteem and depression.
3. The
children.
4. No
place to go and no support group spouse is aware of.
5. Embarrassment over admitting failure in the
marriage.

Most states now have “Domestic
Violence” statutes that can provide a cooling off period. If you have been abused, call the police,
seek medical attention, take pictures (they are truly worth a
thousand words) and file a petition with your local court,
police or commissioner. This will send the abuser packing for a
cooling off period. However, the alleged abuser will have a
hearing generally within 1 week, depending on service and the
court system. At that time the court will decide whether to
extend the time to stay away or not. Most courts can give you
use and possession of your home, temporary custody of your child
or children and temporary support. The Judge can often order the
abusing spouse to attend anger management courses, pay interim
support and keep the person away from schools and work.
Never use domestic violence
as a way to instigate an altercation because you are trying to
get your spouse out of the house. This could boomerang against
you and now you are on the defensive. Judges are keenly aware
that there is room for reverse abuse by using the statutes
solely for self gain and to get custody of the children as the
first strike in a custody battle. You could loose and so do the
children.
The Courts generally define
domestic violence as an individual who has received deliberate,
severe, and demonstrable physical injury, or is in fear of
imminent deliberate, severe, and demonstrable physical injury
from a current or former spouse, or a current or former
cohabitant. The Court can and does look at past acts of domestic
violence.
Do not wait after you have been abused because
the Courts are there to provide immediate relief and generally,
will not issue an order weeks after the incident.

When you go to Court many advocacy groups can assist
you at nominal charge or for free. If you know that you need and
want a final break in the relationship and
you are ready to help
yourself, then contact a lawyer in your community to
assist you. He can help you prepare for your trial. He
understands the judicial process and can help you from making a
mistake that could lead to a denial of a domestic violence
order. Be prepared to have witnesses, bring photos and medical
records.
Don't be a statistic. You need to help yourself before anyone can help you.
Your future depends on what you do.
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Victims of violence in the
U.S. |

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