Domestic violence is the willful intimidation, physical assault, battery, sexual assault, or other abuse done to an intimate partner as a means of power and control over this person. Victims of domestic violence are protected under both federal and state laws. These individuals may seek relief in civil or criminal court.
Individuals in this situation may help law enforcement to build a criminal case against their abuser. There are plenty of resources available for individuals who are a victim of this abuse.
The Violence Against Women Act was passed by Congress in 1994 and supplemented the bill in 1996 to create and fund programs. This is meant to protect victims. This act established a national domestic violence hotline for women to reach out whenever they are in need of help. This act also allows those abused immigrant spouses to apply for permanent residency independent of their abuser.
The laws will vary from state-to- state. These laws sometimes vary significantly. Certain states require physical abuse, while others include emotional or psychological abuse. Whether one individual or both parties get arrested all depends on the state's laws.
These state laws may even exempt a person from reporting this domestic violence. According to Find Law, in the state of California, only doctors who have seen physical signs of the abuse can report abuse. There are other states that are not so specific about their law. In other states, someone can report this abuse merely because they suspect it.
If an immigrant was abused in the United States by a U.S. citizen or permanent resident, then they can self-petition and apply for permanent residency.
It is sometimes difficult to determine whether or not the person you are in a relationship with is abusive or not, especially during the early stages. Some examples that you may want to look out for is if this individual tells you that you can't do anything right, often embarrasses or shames the victim, is controlling over the other person's actions, stalks the victim, threatens to hurt the victim or their friends, forces sexual activity upon the victim, or destroys their property. There are plenty of other examples of abuse, but these are important signs to look for.
If you or someone you know is experiencing domestic violence, it is important to reach out to a National Help Hotline. Call 1-800-799-7233 .
If you are in need of an attorney to help you with you case, Palacios Law Group is here to help!
Source: Click Here --> Find Law