If you or someone you know has been the victim of domestic assault, then you may be wondering how you can get to safety.
Where does the law end and begin when it comes to taking legal action against someone who has domestically assaulted an individual?
If you need to get the facts now, then you’ve come to the right place. Keep reading to learn the answer to these questions in our brief guide today.
What Is Domestic Assault?
The term domestic assault or violence can mean a wide range of things depending on the individual. It is a pattern of physical, emotional, verbal, and/or sexual abuse. This could include threats, intimidation, isolation, and even financial control over an individual within the home.
At a legal level, domestic abuse can vary depending on the state you are living in. In many states, the domestic assault includes harassment, child abuse, kidnapping, reckless endangerment, stalking, and unlawful imprisonment.
Domestic violence can last a long period of time and will often become more frequent and severe the longer it continues. It doesn’t matter if you’re in a heterosexual or same-sex relationship, domestic abuse occurs in all kinds of relationships. Including those of all backgrounds and education levels.
Who Could Be a Victim of Domestic Abuse?
The term domestic assault or violence is related to the type of relationship between the offender and the victim. You don’t have to be legally married to the person in order to take legal action against them. Any assault on a family member can potentially be considered domestic abuse.
Domestic violence assault can be from your spouse, ex-relationship, or anyone else who is a resident or former resident of your home. It can also include someone who you have a child in common or will be having a child in common if one of the parties is pregnant.
It can also be someone with whom you have or had a dating relationship.
What Is the Difference Between Assault and Domestic Assault?
The exact stipulations between assault and domestic violence are that while assault is a crime that is committed after someone intentionally causes a physical injury to another person. In the case of domestic assault, you don’t have to wait to be physically injured to file a lawsuit,
Domestic assault includes physical injury but it also includes the threat of injury or the fear that there could be physical violence done.
What Can a Temporary Restraining Order (TRO) Do?
If you’ve been the victim of domestic violence then you have the right to a temporary restraining order (TRO). A TRO can be issued by a judge to protect you and assist you with getting to safety.
A TRO can forbid the abuser from seeing you and returning to the scene. It prohibits future acts of domestic violence and prevents the individual from gaining access to firearms or weapons.
It can even require the abuser to pay temporary child support to the victim as well as cover any medical expenses due to injuries the defendant caused. It will also legally give you control over your home or residence.
Don’t Suffer Any Longer
Even if you haven’t been physically attacked, the abuse you or someone you love may be going through needs to end. Domestic assault covers a wide range of classifications although the specifics can depend on your specific state.
Reach out to a professional lawyer for help so that you can get you and possibly your children to safety. Many lawyers won’t charge you for a brief consultation about your case.
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