Family Law - Domestic Violence:

If your relatives or any of your family members abuse you physically, mentally or threatens you of such physical abuse, threatens you by making telephone calls, or disturbs you at the place where you work, or stalking, or controls you or dominates you in any kind, then the act done by those members is known as domestic violence.

Why the term ‘Violence’ is known as Domestic Violence?

Since the domestic violence involves between the relations of a person, it is known as domestic violence. If you say that a person treats you with domestic violence, then the person must be related to you in such a way:

• That you are married to the person now or were formerly married to one another.
• That you are related to the person by blood, marriage or adoption.
• That you are currently or were formerly living together.
• That you now have a dating or used to have dating or engagement relationship.
• That you now have minor children in common. The reasons for domestic violence may vary from one state to the other state.

Family Law - Domestic Violence and Civil Harassment:

Domestic violence is different from civil harassment because in a civil harassment the harassment is made by any other person whereas in domestic violence it involves the relations of persons.

What remedies are available to prevent further domestic violence?

If you file a petition on any of the grounds of domestic violence and if the court is satisfied that such abuse of domestic violence has occurred and in order to free you and your children or your family member who is under the pressure of such violence, the court may ask the other person:

• Not to contact, attack, strike, threaten, batter, telephone or otherwise disturb the peace of you.
• Not to share the residence with you and to move from such place.
• Not to stay in a place within 100 yards from you, the residence of you or your place of employment.
• Not to purchase a firearm.
• To participate in batterer treatment counseling and inform the court of successful completion of the program.

Whether Domestic violence is a crime or a civil wrong?

Domestic violence is a crime or a civil wrong depends upon the laws of the state and the particular circumstances. It has become a practice to call the police, press charges, then reconcile with the abuser, and drop the charges. Nowadays, domestic violence is considered as a crime against the community and without the complaint of the victim, a criminal case is brought against the person who commits the domestic violence.

What is the penalty for violation of a restraining order?

If any person violates the order made by the court as to the temporary order or a restraining order, contempt proceeding will be initiated against such person, and the custody of that person may be taken immediately by the state and he may also be charged with misdemeanor, or a felony crime.

Next: Estate Planning