Posted On: December 19, 2009 by Pensky & Kim

The Harsh Facts about Domestic Violence

Domestic violence occurs between two people that are in or have been in an intimate relationship, or people that live in the same household. The most common example of a domestic violence attack is usually between a married couple. The majority of cases show the wife being the victim and the husband causing the damage; however, it can go either way.

A few examples of domestic violence are homicide, assault, battery, rape and stalking. In most cases, domestic violence is used to intimidate the other person involved. Domestic violence can come in many forms such as:

1. Emotional abuse
2. Physical abuse
3. Threats
4. Dominance and control

Qualifications Determined for a Domestic Violence Case

Miami-Dade criminal defense attorneys will help his or her client with any domestic violence case that arises. Some qualifications must be met in order for the incident to be considered a domestic violence case.

· Both parties are married to each other or were previously married
· Both parties are related by marriage, adoption or by blood
· Both parties are currently or were formerly living together
· There is a minor child between both parties

In most cases, physical abuse does not have to be a part of the incident to be considered a domestic violence. Emotional abuse is enough for the victim to hire a Miami-Dade defense attorney.

Preventing Domestic Violence

Restraining orders are granted to prevent any further domestic violence between couples or relatives. It is quite common for these restraining orders to permit any physical contact, conversational contact over the phone, and any disturbance of the peace. If a restraining order is obtained, the individual charged of domestic violence must immediately move away from the residence and the other party.

Sometimes, counseling and special classes are mandatory for the individual that caused the domestic harm on the other person. If there are any children or other family members in the house with the protected person, the restraining order will protect them as well.

Steps to Take After a Domestic Violence Dispute

It can be a very difficult thing to turn in your spouse or loved one when they have abused you or your children, physically or emotionally. In many cases, these situations have gone overlooked because the victim is afraid of reporting the abuser to the authorities.

1. The most important step to take for the victim is to separate themselves from the abuser as quickly as possible. Police assistance should be requested immediately so the situation does not escalade.
2. It is very easy for the victim to be manipulated and persuaded by the abuser into not going to the authorities. Never do it alone. It is always best to have a friend or family member by your side, but better yet, a Miami-Dade criminal defense lawyer can also help with the problem.
3. Do not be afraid to be labeled a victim of domestic violence. Some people are scared to open up about the situation because they may feel extremely vulnerable and do not want to show that to others.

In any case, a Miami-Dade domestic violence attorney will be there to help you systematically in any domestic violence crime.

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