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Home » Blog » What the Law Can Do in Domestic Violence Cases
Criminal LawRead to Know

What the Law Can Do in Domestic Violence Cases

By Legal Desire 6 Min Read
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Domestic violence is something that many people don’t like talking about very much. However, it’s a serious problem, and silence doesn’t bring the victims any justice. It is more likely for someone to get physically mistreated by a spouse, significant other, or family member than a stranger.

Contents
Federal and State LawsProtection OrdersElectronic MonitoringThe Danger of Reporting AbuseWhat More Can the Law Do?

This is one of the pandemic’s underreported problems. The media has documented the job loss and the various other ways Covid-19 is ravaging the country. Few outlets are talking about an uptick in domestic violence.

It makes sense, though, because if more people are stuck at home, not working, and there are fewer leisure activities to distract them, then more individuals are close to their abusers. There are likely to be more bruises, broken bones, and even more fatalities.

Let’s look at some of the things that the law can do in domestic violence cases.

 

Federal and State Laws

It’s true that domestic violence is one area where there is collateral damage of the Covid-19 pandemic. Many different people experience abuse, including:

  • Spouses
  • Boyfriends and girlfriends
  • Various family members

The law does protect any of them on either a state or federal level. They can seek relief either in criminal or civil court.

For instance, a victim who decides to speak out could build a criminal case against their abuser with law enforcement’s help. At the same time, they could work on filing a civil suit for domestic assault and battery.

 

Protection Orders

If a domestic violence victim decides to come forward, then they can get a restraining order placed on their spouse, significant other, or whoever is abusing them. It’s likely the court will grant them that order if they can show abuse signs.

Restraining orders mean that the police can arrest the abuser if they come close to the victim. If they live in the same house together, then the abuser will usually have to find somewhere else to live until the court lifts the protection order, if it ever does.

 

Electronic Monitoring

In some instances where the judge has issued a restraining order against the abuser, they will also fit them with an electronic monitoring device, which goes on the ankle. These devices keep track of where the abuser is, so they don’t get close to the victim.

With one of these devices, the abuser might only be able to:

  • Stay at home
  • Go to work 
  • Go to certain other designated places the court approved

As a condition of getting the order removed, they might have to submit to alcohol counseling or anger management therapy.

The Danger of Reporting Abuse

While it’s easy to say that someone who’s suffering abuse should go to the police, many individuals are afraid to do that. They know that if they do, the abuser might grow even more enraged. These victims feel that even a restraining order or jail time might not stop their abuser, and sometimes, they’re right.

Tragically, some abusers violate their restraining orders and batter the victim even worse, or kill them. Often, the abuser uses drugs or alcohol, but sometimes they’re just mean-tempered enough to commit horrific, violent acts even when they’re perfectly sober.

Often, violence perpetuates itself. In many cases, family members abuse those who go on to do it themselves later in life. It’s a cycle, and while that does not excuse this behavior, it does explain it.

 

What More Can the Law Do?

Aside from restraining orders and jail time to keep the abuser away from the victim, the police will often ask the victim if they can stay with relatives. 

Hopefully, the victim can spend some time with family who can support them until they figure out what the next step will be. If family surrounds them, then that might dissuade the abuser from coming after them again.

The police might also check on the victim frequently to make sure they’re okay if the abuser gets out of jail, or there is not enough evidence to keep them there. Keeping track of where both the victim and the abuser are can be part of the formula to make sure things do not escalate.

It’s an imperfect system, and in the Covid-19 era, you have to assume that more domestic violence is taking place behind closed doors. It’s a dangerous choice by any victim to go to the police. 

However, if they choose not to do that, then it’s even more likely that the next violent rampage by their abuser could prove fatal.

 

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Legal Desire August 11, 2020
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