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Domestic Violence Laws

The Harm of Guns and Domestic Violence

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.

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

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.