Archive for November, 2010
The Crime Against Europe
Domestic Violence and Understanding Limits
Domestic violence law is a very complex field. Many a lawyer specializes in this field as those facing these charges oftentimes don?t understand that they?ve crossed a line and, oftentimes, they don?t understand why they?re being prosecuted on a domestic violence charge at all. Understanding these laws requires that one understand that they are based around the limits of acceptable behavior between couples which have either an intimate relationship or couples who have a common child. These limits extend to far more than battery and other crimes of physical violence.
Domestic violence law includes terroristic threats. These are the sort of threats that carry with them the possibility of real action against the victim. Threats of violence, damage to one?s reputation or to one?s children are all acts which can add to a domestic violence case. Where there are weapons in a home where police answer a domestic violence call, these sorts of threats empower the police to remove any weapons from the home, including the homeowner?s firearms. They are also empowered to separate the couple to prevent any violence from being visited upon either partner. What one says has real weight in these cases.
Domestic violence laws also cover stalking activity. Stalking essentially means making any harassing or unwanted contact. When an individual is told that they should make no more contact with a partner, they will do well to heed that admonition. Following individuals to work, hanging around their house when not invited, making phone calls which have been identified as unwanted and making any attempt to be involved in the life of an individual who has specified that they want to be left alone are all acts that can be construed as stalking and may be used to make the prosecution?s case.
A great deal of avoiding domestic violence charges has to do with understanding limits. One should not keep calling their spouse, lover or partner if they?ve been told to back off. One should also never cross the boundary of approaching their intimate partner in their workplace or in other public places if they?ve been told to stay away. Many individuals who face these charges have not committed an actual act of violence as it?s commonly understood but have crossed other lines of behavior which run contrary to the law. Understanding one?s limits can help avoid problems with domestic violence law.
Originally published here.
Eric Bersano

