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How is Domestic Violence Defined Under Federal and State Law

On Behalf of | Jun 16, 2020 | Domestic Violence

How is domestic violence defined under federal and state law?  Families in California might benefit from learning more about how domestic violence issues are governed by state and federal entities. The state laws are designed to prevent violence from occurring within the family or in intimate relationships. Domestic violence in California may be described as a criminal act that happens between spouses, former spouses, cohabitants, former cohabitants, dating couples and those in a parent-child relationship.

The U.S. Department of Justice describes domestic violence as behavior that may be considered as resembling a pattern of abuse that one partner is using over another in any relationship. Several types of actions that influence another individual may be considered to be forms of domestic violence, such sexual abuse, emotional abuse, economic abuse, psychological abuse and physical abuse.  The DOJ describes economic abuse as attempting to make someone financially dependent by preventing access to education or employment, withholding access to money or by controlling financial resources.

Based upon these elements of domestic violence defined under federal and state law anyone may be victimized by domestic violence, regardless of gender, age or nationality. In addition, children subjected to violence within the home may be predisposed to developing social problems and violent tendencies in the future. The DOJ claims that those who are exposed to domestic violence at a young age are more likely to become a victim or abuser in the future. Victims of domestic violence in California might be entitled to obtain a restraining order or emergency protective order as a safety measure.

People who feel victimized by domestic violence typically benefit from obtaining legal counsel. Lawyers may be able to investigate the complaint and provide the victim with guidance concerning which legal options might remedy the situation. Legal counsel may also be equipped to identify and implement the appropriate safeguards designed to protect children and spouses subjected to domestic violence.

Unfortunately, untrue allegations of domestic violence are often used during a divorce in an attempt to gain an advantage or control of the child custody and parenting time process.  Domestic violence is a serious issue and the consequences for those who receive a permanent restraining order are quite severe.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.