Sometimes things go awry in a marriage relationship and family. One partner turns cruel and abusive to the other and or children. It is considered a factor in family law determination when one party feels threatened and a case of abuse demonstrated. Domestic violence can be demonstrated when one spouse or child is a victim of any of the following on a recurring basis:
- Physical and sexual abuse
- Subjected to psychological and emotional torture
- Economic deprivation
- Subjected to fear and anxiety through excessive control
- Threats and coercive harassment
Continuously pushing, punching, threatening to harm or causing actual bodily harm, and strangling are some of the actions classified as domestic violence Cantini Law Offices . Unreasonable, unnatural sexual demands and forced sex in marriage is another form of violence or sexual abuse. Both spouses and children fall victims to these forms of violence in a family. A family member who habitually flies into fits of rage and damages family property is guilty of domestic violence under family law. Continuously monitoring movements of family members, checking their mail, controlling what company they associate with, and generally intruding on their personal privacy is a form of harassment and causes fear and anxiety to victims.
A family member threatening another with deprivation of basic needs and care to gain advantage over them subverts family law. Emotional blackmail like threat of abandonment, harm to other family members, or suicide/harm to oneself breaches the law and puts safety of the family at risk. In other words, any behavior by a member of the family that threatens the safety and comfort of the rest of the family is ground enough to seek protection of the courts.
Any behavior limiting the freedom and safety of another subverts the law, and those who fall victim to such should seek protection under the law. One starts by reporting to law enforcement agencies like the police and family welfare agencies if available before moving to court. These agencies besides pressing charges against the abusers, can guide one on the process to secure legal help. Eventually one will move to court to obtain a domestic violence order against the abuser. Anyone in a close relationship in the capacity of spouse, child, relative, or dependent can apply for a domestic violence order.
You can apply for a temporary restraining/protection order for immediate reprieve as you put together your case before the family court. Once a full hearing is concluded and a case of domestic violence determined, a domestic violence order is granted. This order puts restrictive measures on the abuser limiting contact. He has to observe the terms of the order as given or face criminal charges if in breach