Things You Need to Know about Domestic Violence from the Legal Perspective

By: Guest
May 26 2020

Nothing is more fatal to peaceful existence than domestic violence! It’s one of the cruel realities of today. And now, as we are all under the COVID-19 lockdown, domestic violence has increased exponentially. Since social distancing is the need of the hour, victims cannot escape from their abusers, and the ratio for domestic violence is increasing.

The only way to combat and fight domestic violence is by using legal help! You can get in touch with an expert family law attorney or a family law firm to get the desired support. Your attorney can take up the case and can help you get a domestic violence protection order.

What is a Domestic Violence Protection Order?

Domestic violence occurs when a member in your household uses threats, physical violence, economic abuse, sexual and emotional abuse, and intimidation. They do it to maintain power over other people in a relationship. Usually, domestic violence takes place in an intimate relationship. The violence is a blend of physical and psychological actions and aims to make the other person feel weak, nervous, and unable to act freely. The abused partner feels completely threatened and a lack of power and control.

It is considered domestic violence by the court when:

  • A household or a family member attempts to cause bodily harm by beating, pushing, physically hurting, and harming another person.
  •  When a family member or household uses threat tactics to keep a member forever in threat and house arrest.
  • When a household or family member stalks, dupes the other financially and coerces sexual relations.
  • When the family member or household abuses children in the house.

Evidence is Essential

Even though the court considers domestic violence as a heinous crime, it still counts on evidence to go forward with the case at hand. There needs to be evidence of economic abuse, sexual abuse, verbal harassment, and psychological battering. Then the court can move in an organized manner to hold the abuser responsible and take the necessary course of action. Another family member other than the abused who decides to speak on the violence taken place is good evidence.

Once the member produces the required evidence, they are given the necessary protection by the law. Here the victim might want to work in close co-operation with their lawyer and legally approach this case for a peaceful resolution. Usually, the court doesn’t charge any fees for providing civil protection.

When Can You Opt-in for a Domestic Violence Civil Protection Order?

You are entitled to apply for a domestic violence civil protection order (CPO) when:

  • You are associated with any respondent through marriage/blood and have been staying with the respondent for an extended period of time.
  • You have a child from the respondent, irrespective of whether you lived together or got married.
  • You are still staying or have lived with the respondent in the past five years.

Furthermore, if you are a household member, you can also apply and get a CPO. You use legal aid to resolve domestic violence once you are aware of these legal terms and conditions.

Stacy Minniti is a freelance content writer. He has written many good and informative articles on different categories such as Law, Attorney ,Personal Injury and Property Law . He is very responsible towards his job. He loves to share his knowledge and experience with his friends and colleagues. To know more about law Kindly Visit: Strategic Lawyers Townsville.

This is a guest post by Stacy Minniti. This post has been edited for syntax and grammar. The Law offices of Jay Leiderman is not responsible for the accuracy of the content herein or any opinions or ideas expressed herein.  This post is for entertainment and literary value and is not intended as legal advice.  This post does not establish an attorney-client relationship of any sort.  If you have legal questions about ideas presented herein please contact a lawyer who is knowledgeable in this field of practice.

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