Bodily harm is not always caused by strangers or anti-social elements you encounter on the streets. In many cases, intentional physical injury is caused by blood-related persons. When your spouse, stepparents, former or current roommates, or family members related by blood do something with the intention of knowingly causing harm to you, it qualifies as domestic battery. It is a serious offense and should be reported immediately. It is worrying that in the USA alone, between 960,000 to 3,000,000 domestic violence incidents are reported every year, while several others go unreported. Why is this such a serious crime, and what are some things you must know about it?
A Brief Introduction To Domestic Violence
Domestic battery is also called domestic violence, abuse, and intimate partner violence. According to experts, it is a pattern of behavior in any relationship whose sole objective is to dominate another person. According to the law, a person who intentionally causes physical harm intending to disfigure or disable another human being permanently is liable to be punished under domestic abuse provisions. The term could also extend to any mental or sexual threat. Anybody could be a victim of this type of abuse, including children, relatives, or other household members.
What Is An Aggravated Domestic Battery?
An aggravated domestic battery is different from a regular domestic battery in terms of the degree of violence and method of injury. In an aggravated domestic battery, the abuser or perpetrator knowingly blocks the normal breathing or blood circulation in the body by applying pressure on the neck, chest, or throat. It could also mean the deliberate obstruction of normal breathing or circulation by blocking the nose and mouth of an individual. A person who commits an aggravated battery is likely to be charged with a high level of misdemeanor or felony.
What Are The Penalties For Domestic Violence?
Every country worldwide has its own domestic violence rules and regulations intended to punish the abuser and give justice to its victim. For example, in the USA, Congress passed the Violence against Women Act or VAWA in 1994, identifying domestic violence as a national crime and bringing in federal laws to help the states and local criminal justice system deal with it more efficiently and quickly. Congress also brought changes to the Gun Control Act in 1994 and 1996, making it a federal crime for perpetrators of domestic violence to possess guns. However, despite federal rules, most of these cases are handled by the local and state authorities.
Why Should You Hire A Lawyer For Such Cases?
You must always hire a lawyer when you are looking to file a case against someone who causes harm, mainly because they are highly complicated, involve a lot of questioning and cross-questioning, and, most importantly, collect evidence. These are some reasons you must hire them.
Dealing With The Cops
Even though the cops usually adopt a sympathetic approach towards the victims, having a lawyer present while speaking to the police is crucial. If the cops are untrained to deal with domestic abuse victims, they might adopt a line of questioning that leaves you traumatized. Having a lawyer present will prevent you from an improper investigation.
Helping You Avoid Testimony
Your lawyer can help you avoid testimony if the prosecutor decides to bring charges against you. Even if you refuse to offer written or oral testimony, the case will not be dismissed. However, you will be protected from aggressive prosecution.
Filing A Restraining Order
Your lawyer will also help you file a restraining order if you are scared for yours or your children’s safety. You might also ask them to file a personal conduct order, whereby the abuser is ordered to avoid indulging in some actions or stay-away order, prohibiting them from getting too near to you or being present in specific locations.
If someone in your family is knowingly causing harm, it is a severe domestic battery case. You should lose no time talking to your attorney, filing a report, and doing all necessary to bring the abuser to justice.
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