Family Law Lawyer Colorado Springs: Domestic Violence

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Family Law Lawyer Colorado Springs: Domestic Violence

Domestic violence was originally defined as “violence by one spouse against the other spouse.” However, this definition has evolved over time and while the exact legal definitions may vary from one state to the next, they often include violence against parents and children, and between siblings, same-sex partners and members of the same household, regardless of kinship. This type of violence includes psychological harm and threatened acts of violence, as well as physical acts, such as stalking, assault, battery, rape and homicide, and is marked by one individual’s attempt to dominate and control another, often through a pattern of intimidation says Family Law Lawyer Colorado Springs. The family relationships include parents of a child or children, married couples, and domestic partners. This type of violence occurs among all economic classes, religions, genders, nationalities and ethnicities.

Restraining orders

In general, domestic violence restraining order laws establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced.  While there are differences from state to state, all protective order statutes permit the court to order the abuser to stop hurting or threatening you (“cease abuse” provisions).  The majority of states’ orders can also instruct the abuser to stay away from you, your home, your workplace or your school (“stay away” provisions).  You generally also can ask the court to order that all contact, whether by telephone, notes, mail, fax, email or delivery of flowers or gifts, is prohibited states Family Law Lawyer Colorado Springs.

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Family Law Lawyer Colorado Springs: Domestic Violence

State & Federal Regulations

The Violence Against Women Act of 1994 (VAWA) has provisions designed to improve both victim services and arrest and prosecution of batterers. As described by the National Coalition of Domestic Violence, VAWA created a national domestic violence hotline and allocated substantial funds for a number of different kinds of initiatives and programs, including shelters and other services for battered women, judicial education and training programs, and programs to increase outreach to rural women expresses Family Law Lawyer Colorado Springs. VAWA not only reauthorized STOP grants, which support programs designed to improve law enforcement and prosecution response to domestic violence, but also mandated that domestic violence advocates be involved in the planning and implementation of these programs.

What is Domestic Violence Law?

It may be classified under both Criminal law and Tort law, and certain aspects overlap with Family law. This area of law deals with violence that occurs in a family setting or within an intimate relationship, referred to as domestic violence, domestic abuse and spousal abuse. Not all states define all acts of domestic violence as crimes subject to criminal punishment says Family Law Lawyer Colorado Springs. Even when these acts are prosecuted as criminal violations, they may also be classified as torts, with the available option of civil litigation and the pursuit of money damages. Many victims of domestic abuse refuse to prosecute their abuser due to intimidation, fear of reprisal, the associated stigma and the emotional and psychological damage they have been repeatedly subjected to. Therefore, many states now mandate prosecution of the offender by district and city attorneys without the cooperation of the victim.

Family Law Lawyer Colorado Springs: Domestic Violence

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