Domestic violence is not defined solely by specific physical acts, but by a combination of psychological, social and familial factors. In some families, perpetrators of domestic violence may routinely beat their spouses until they require medical attention. In other families, the physical violence may have occurred in the past; perpetrators may currently exert power and control over their partners simply by looking at them a certain way or reminding them of prior episodes. In still other families, the violence may be sporadic, but may have the effect of controlling the abused partner.
Criminal Court hears crimes such as assault or battery. The police may arrest anyone who commits a crime. Abusers arrested for domestic abuse will be held without bond until an advisory hearing within 24 hours. The State Attorney will determine if there is sufficient evidence to prosecute the case. If offenders plead guilty or are convicted of a crime, they can be sentenced to jail, probation, counseling, payment of a fine, court costs, or ordered to make restitution to the victim. Criminal violations of a civil injunction for protection may be enforced by police and the criminal court.
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Anyone who has been the victim of domestic violence or has reasonable cause to believe they are in imminent danger of becoming a victim can request an Injunction for Protection.
You do not have to file any other civil action (such as a divorce) or call the police in order to obtain an injunction for protection.
An Injunction for Protection may order the abuser to immediately stop the violence or harassment, to leave the shared home, to avoid contact with the victim at home, work or school, to attend batterer's intervention and/or appropriate counseling. The injunction may also provide for custody, visitation and child or spousal support.
File for an injunction at the Clerk of Court Office located in the courthouse.
Friday, December 26, 2008
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