Marriage » Domestic Violence Laws http://marriage.laws.com Marriage- Marriage Counseling, Same Sex Marriage, Marriage License, Common Law, Vital Records Tue, 15 Nov 2016 16:06:17 +0000 en-US hourly 1 http://wordpress.org/?v=4.1.18 What Can the Law Do About Interstate Stalking http://marriage.laws.com/domestic-violence/domestic-violence-laws/interstate-stalking http://marriage.laws.com/domestic-violence/domestic-violence-laws/interstate-stalking#comments Fri, 03 Apr 2015 14:00:43 +0000

When the Violence Against Women Act was passed in 1994, it provided the federal government with the ability to investigate certain cases of domestic violence, as well as to prosecute the offenders. One instance in which the federal government possesses jurisdiction over a domestic violence crime is if interstate stalking is involved. In 1996, interstate stalking laws were instated, which made it a federal crime to enter into another state with the intention to harm or torment an intimate partner. 

In an individual threatens their intimate partner during interstate travel or partakes in interstate travel in order to harm their partner, and then the perpetrator is responsible for interstate stalking. If an offender causes physical injury to an intimate partner or to the victim's immediate family, then the perpetrator can be prosecuted by the federal government for interstate stalking. In order to be charged with stalking, the perpetrator must possess the intent to harm, threaten, scare, or harass the victim. 

If an offender deliberately causes their intimate partner to fear death or bodily harm while crossing state lines, then they are taking part in interstate stalking. This legislation maintains a very specific notion of what constitutes an intimate partner. An intimate partner is defined as a current spouse, a former spouse, or individuals who parented a child together. 

If an individual is not living with their boyfriend or their girlfriend, then they are not considered to be intimate partners, and are therefore not accountable under federal interstate stalking legislation. The term immediate family is used in order to refer to a child, spouse, brother, sister, or parent. It may also include any other blood relative or marriage relation that is residing in the same home as the offender.

The interstate stalking legislation also specifies forced travel as a federal crime. If an individual forces their intimate partner to enter into another state through the use of coercion, violence, fraud, or threats, they can be prosecuted by the federal government for stalking. In order for an offender to be charged with this crime, the victim must have sustained physical injury. In instances such as this, the intention of the perpetrator does not need to be ascertained. 

However, the victim will have to verify that the offender used a force or coercion in order to compel the victim to cross state lines. During the impelled journey, the perpetrator must have deliberately utilized violence which caused their intimate partner to sustain physical injury. An individual who has forced their intimate partner to cross state lines and who has subjected their victim to bodily harm during this travel may be charged with stalking. 

This legislation also makes in a federal crime to cross state lines with the intention of breaching a restraining order by contacting, harassing, threatening, or injuring the victim. For the offender to be charged with a federal crime, evidence must be displayed that illustrates the perpetrators intent to violate the restraining order. The penalties for these crimes vary based on the injury that the victim sustains. The punishment may range from five year for physical harm, to life in prison if the victim is killed.


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The Violence Against Women Act http://marriage.laws.com/domestic-violence/domestic-violence-laws/violence-against-women-act http://marriage.laws.com/domestic-violence/domestic-violence-laws/violence-against-women-act#comments Fri, 03 Apr 2015 14:00:42 +0000

Domestic violence against women is a very severe problem throughout the United States. Throughout most of history, it has been the responsibility of state governments to respond to cases of domestic violence, as well as to punish offenders. Today, state governments are still the primary enforcer of laws regarding violence against women. 

However, recent federal legislation has given the federal government the necessary mechanisms to prosecute individuals who subject their intimate partner to domestic abuse. In 1994, the United States' Congress passed the Violence Against Women Act as a result of the increasing severity and frequency of intimate partner abuse. Congress recognized the long lasting, detrimental effects of intimate partner abuse and the necessity of abolishing this adverse behavior. 

This new legislation permitted the federal government to help combat violence against women by establishing laws that are punishable by the federal government. Two laws that provide the federal government with this authority are the Gun Control Act and provisions against interstate travel to commit intimate partner abuse. Because this legislation allows the federal government to prosecute offenders who are responsible for violence against women, perpetrators may be bestowed more severe penalties. The federal government now has jurisdiction to investigate and punish cases of intimate partner abuse.

Additionally, the Violence Against Women Act allocated billions of dollars in order to increase the effectiveness of response to cases of intimate partner abuse, as well as to enhance investigative techniques. This legislation also sought to advocate and to help ensure the prosecution of perpetrators. The Violence Against Women Act designated financial funds to the establishment of a national domestic violence hotline. 

This national crisis hotline operates twenty four hours a day, seven days a week in order to provide individuals with essential information, support, and advice. It supplies victims of intimate partner abuse with the encouragement and the counsel that they need in order to escape their harmful environment. The Violence Against Women Act has also made changes in immigration law and allows victims of domestic violence to petition for permanent residency in the United States. 

This helps to provide protection to victims who are not citizens of this country and provides them with the freedom that they need in order to begin a safe and healthy future for themselves and their children. The Violence Against Women Act seeks to guarantee that all victims of violence and brutality have access to improved services, despite their race, ethnicity, or what language they speak. This Act allows individuals who are responsible for violence against women to be penalized with fines, jail time, restraining orders, and they may also be required to take part in counseling. 

Statistics indicate that since the legislation was passed, the rate of women who are experiencing domestic violence and who are being killed due to intimate partner abuse has decreased notably. The increased awareness about domestic violence has provided abused women with the courage and the strength that is necessary to seek help and assistance for their detrimental situation. The Violence Against Women Act is saving the lives of women throughout the country.


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Know the Domestic Violence Laws With an Attorney http://marriage.laws.com/domestic-violence/domestic-violence-laws/domestic-violence-laws http://marriage.laws.com/domestic-violence/domestic-violence-laws/domestic-violence-laws#comments Fri, 03 Apr 2015 14:00:42 +0000

Individuals who are involved in a domestic violence case may choose to enlist the assistance of a domestic violence attorney. Domestic violence lawyers are attorneys who specialize in family law. Therefore, they have a great deal of experiencing handling family related cases. They will understand the best techniques to utilize during cases of intimate partner abuse. 

Although it may not be necessary for an individual to seek the help of a legal professional, some individuals may feel more comfortable doing so. It is true that hiring a domestic violence attorney may present the client with many expensive legal fees. Because of this, an individual who is involved in a domestic violence case may want to consider self representation. Nevertheless, domestic violence lawyers provide many individuals with the support and the assistance that they need during an emotionally trying time. 

These legal professionals know the tactics and the procedures that are required to win a case of intimate partner abuse. They may help to ease the burden that their client is experiencing. Therefore, both the victim of domestic violence and the defendant may consider enlisting the aid of an attorney.


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Do Victims of Domestic Violence Have Rights? http://marriage.laws.com/domestic-violence/domestic-violence-laws/general-victims-rights http://marriage.laws.com/domestic-violence/domestic-violence-laws/general-victims-rights#comments Fri, 03 Apr 2015 14:00:42 +0000

When an individual is being subjected to domestic violence and abuse, their right to a happy and healthy life is being stolen from them. An individual has the right not to suffer from violence and brutality and to feel secure in their own home. They have the right to maintain control over their body and their actions. Victims rights include the right to live without constant fear and anxiety. 

These rights are theoretical and ideological, and even though all individuals should experience these rights, not all individuals have the advantage of living without stress and fear. However, an individual does posses legal victim rights under federal legislation. In is essential for an individual to become aware of and familiar with victims rights. Victim rights help to provide an individual who has suffered from domestic violence and intimate partner abuse with protection and security.

One of the most essential victims rights is the right to protection from a physical threat. If an individual is being subjected to threats, stalking, and harassment, and they have reason to believe that their physical well being is at risk, then they can petition a court to receive a restraining order. Once they have completed the process of filing for a protection order, then the offender will be prohibited from contacting, threatening, and harassing the victim, and the perpetrator will be required to remain a designated distance away from the victim.

Federal victim rights legislation declare that protection orders that are issued in one state are to be observed and enforced in other states throughout the country. The legislation many only be enacted if the offender was given notice of the court order and if they had the opportunity to be heard and to defend themselves. In 1996, the Brady statement was amended and now requires an individual who is obtaining a firearm to provide a statement that they have never been convicted of a misdemeanor domestic violence crime. However, it still does not require an individual to divulge whether or not they have been subject to a restraining order.


Victims rights include the right to speak at their abusers bail hearing. Individuals who have been subjected to domestic violence and intimate partner abuse are permitted to attend the offender bail hearing and discuss the threat that the perpetrator poses. Victim rights also permit the victim to be informed about all of the judicial hearings and advances related to their case so that they may attend these hearings if they choose to. Once the court proceedings are complete, victims rights require that the victim be provided with access to information regarding the offender’s conviction and penalty. 

If the perpetrator is required to serve jail time, then the victim is to be informed about the amount of time that their abuser will spend in prison, and when the offender is released from prison. Victim rights require the government to provide a victim of domestic violence with protection from their abuser. The victim will also have the right to receive restitution for the damage that their abuser has caused. 

This may include medical and dental bills for the physical injury that the offender caused, as well as any damage that the perpetrator has caused to the victim's personal property. It is very important for victims of intimate partner abuse to become familiar with their rights so that they can ensure that they are receiving adequate protection, information, and compensation.


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The Harm of Guns and Domestic Violence http://marriage.laws.com/domestic-violence/domestic-violence-laws/guns-and-domestic-violence http://marriage.laws.com/domestic-violence/domestic-violence-laws/guns-and-domestic-violence#comments Fri, 03 Apr 2015 14:00:42 +0000
Domestic violence against women is extremely detrimental to the health and the well being of the victim. Intimate partner abuse may not only cause the victim to sustain severe physical injury, but may also result in extensive psychological and emotional damage. Many individuals who subject their intimate partner to violence and brutality use weapons in order to inflict painful wounds and death. 
One of the most common weapons that are used during incidents of domestic violence against women are firearms. About half of the females who are murdered with the use of a weapon are killed by a firearm. The large majority of these firearms are handguns. Most of these female homicides were committed by a male intimate partner. Studies indicate that in houses in which there are one or more guns, domestic violence against women is much more likely to occur. 
Keeping a firearm in a home increases the chance that an individual will be killed due to gun violence. Researchers suggest that keeping a gun in the home may be a vital aspect of the intensification of nonfatal domestic violence against women to murder. The federal government acknowledged the correlation between firearm possession and domestic violence, and as a result established domestic violence laws which prohibit offenders from owning a gun.
The federal government has instated domestic violence laws which prohibit individuals who have had a restraining order or protection order filed against them from owning a gun. In many cases, victims of psychological abuse with petition a court for a restraining order against an individual who has threatened their safety or their well being. A protection order will ensure that the offender remains a specified distance away from the victim, and will forbid the perpetrator from harassing and threatening the victim. In many cases, the offender has threatened to inflict physical violence upon a victim and and poses a legitimate danger to the victim. 
Domestic violence laws prohibit these perpetrators from possessing a firearm. In order for this law to be executed, the protective order must have been issued as the result of a court hearing, and the court must have concluded that the perpetrator is a threat to the physical health and well being of the victim. It is also a federal crime to transfer a gun to an individual who is subject to a restraining order. 
Individuals who are issued firearms from government or law enforcement personal for use in police or military service are not subject to these restrictions while they are on duty. However, domestic violence laws will still prohibit these individuals from possessing a personal firearm or from retaining a gun while they are off duty. Beginning in 1996, federal domestic violence laws made it illegal for any individual who has been convicted of misdemeanor domestic violence against women to possess a firearm. 
This legislation is enacted even if the individual was convicted of domestic violence before the law was established. Individuals who have been convicted to misdemeanor domestic violence crimes may never obtain a gun, not even for police or military service. It is a federal crime to transfer a firearm to an individual who has be convicted of domestic violence against women. An offender who violates any of these domestic violence laws may be penalized with up to ten years in prison.

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