Home Domestic Violence Laws

Domestic Violence Laws

The Violence Against Women Act

The Violence Against Women Act

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.

Know the Domestic Violence Laws With an Attorney

Know the Domestic Violence Laws With an Attorney

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.

Do Victims of Domestic Violence Have Rights?

Do Victims of Domestic Violence Have Rights?

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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