Published by What Constitutes Domestic Violence?
The United Nations [1] defines domestic violence as a pattern of behavior in any relationship that is used to gain power and control over a partner. The scope of abuse can be physical, sexual, emotional, economic, psychological, or a combination of these. This includes any behaviors that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure, or wound someone.
Signs of Domestic Abuse
You may be a victim of domestic abuse if your partner
:
- Embarrasses or makes fun of you in front of your friends or family
- Puts down your accomplishments
- Makes you feel like you are unable to make decisions
- Uses intimidation or threats to gain compliance
- Tells you that you are nothing without them
- Treats you roughly—grabs, pushes, pinches, shoves or hits you
- Uses drugs or alcohol as an excuse for saying hurtful things or abusing you
- Blames you for how they feel or act
- Pressures you sexually for things you aren’t ready for
- Makes you feel like there is “no way out” of the relationship
- Prevents you from doing things you want
- Tries to keep you from leaving after a fight or leaves you somewhere after a fight to “teach you a lesson”.
Domestic Violence Felonies and Misdemeanors
In many instances of domestic abuse, the defendant will be arrested on suspicion of corporal injury to a spouse, which is known as a wobbler offense (can be charged as either a misdemeanor or felony, depending on a number of factors).
Before the defendant’s arraignment, the Deputy District Attorney will review the case and decide what level of charges to file. The prosecutor will typically file felony charges when there are injuries or where the defendant has a history of domestic violence on their record. Punishment may be increased when the victim experiences severe bodily injury from the defendant’s conduct.
The prosecutor may file charges of corporal injury to a spouse as either a felony or a misdemeanor. Alternatively, the prosecutor may charge the defendant with domestic battery, which is a misdemeanor that usually involves physical contact that does not involve any injury, such as pushing and shoving between a husband and wife.
Related Articles:
- What is Simple Assault?
- Can You Sue For Emotional Abuse?
FAQs
Can a misdemeanor domestic violence charge be elevated to a felony?
Yes, a misdemeanor domestic violence charge can be elevated to a felony if there are aggravating factors such as the use of a weapon, serious bodily injury, repeated incidents of abuse, or a history of prior domestic violence convictions. If new evidence comes to light showing the incident was more severe than initially believed, the charges may also be upgraded.
What are the long-term consequences of a felony domestic violence conviction?
The long-term consequences of a felony domestic violence conviction can be severe, including a permanent criminal record, difficulty finding employment or housing, loss of professional licenses, loss of the right to own firearms, and damage to personal and professional relationships. Additionally, the convicted individual may face restrictions on child custody or visitation and social stigma.
What legal defenses are available in a felony domestic violence case?
Legal defenses in a felony domestic violence case may include self-defense, defense of others, lack of intent, false accusations, or insufficient evidence. The specific defense will depend on the facts of the case, and it’s important to work with an experienced attorney to develop a strong defense strategy.
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