Domestic violence attorney Miami
Domestic Violence Facts
Domestic Abuse covers a wide range of offenses. The victims of such violence do not need to be technically married. They simply must have experience any sort of violence from someone they are currently living with. The law defines it as a felony or misdemeanor crime against a spouse or someone with whom they cohabitant. Domestic violence statistics show that women are the victims of home abuse. Domestic violence cases have been on the rise since the 2008 recession. According to divorce statistics, 1 in 4 women have experienced some sort of domestic abuse throughout their life time.
It is well noted that emotional abuse has become pervasive in the US, since wife battery lands people in jail. In the old days, home abuse was considered a private matter.
The causes of household violence are when a spouse wishes to have or regain power over their partner. The domestic violence attorney miami offers legal representation for domestic violence cases.
Consideration of Domestic Abuse
- Verbal Abuse – This involves saying a negative comment or withholding information. This verbal abuse has to create pain or mental anguish on the victim.
- Emotional Abuse – This abuse places the victim in a situation that may result in a physiological trauma like anxiety or chronic depression. The typical negative behavior include: saying things that annoy the victim, preventing the victim from speaking with someone or their family, and random jealousy fits.
- Economic Abuse – This occurs when one spouse has complete control over the finances of the victim. This abuse often overlaps with financial abuse, which means the illegal use of a person’s property. This can be done by controlling the spouse’s mobility or by threatening them.
- Physical Abuse – This one is pretty self-explanatory. When the spouse strikes the victim, the spouse engages in physical violence. Such violence includes punching, biting or kicking a person.
- Sexual Abuse – This only occurs when the other spouse forces its partner to engage in intercourse against their will.
History of Home Abuse
Wives with property were considered legal since Roman times. In Rome, wives were considered the husband’s legal property. This provision was part of Roman law to enforce chastity on women and to prevent wives from cheating on their husbands. As a result, for many centuries, wife battery became legal in Europe. The Rule of Thumb, as it was called, carried over to the Americas, when it got colonized by the Europeans. At the start of the 20th century, many domestic violence laws have been enacted to punish men when they have committed battery on their wife. Despite these laws, there still are many deaths due to household violence. In Florida, the home abuse commemorates all the victims of Domestic abuse.
Domestic violence attorney Miami and the Restraining Order
Restraining Orders are issued by the court. It serves as a legal aid home abuse. They compel a certain person to either do or stop doing a certain behavior. They are usually given out when in the abuser has domestic abuse charges. However, the plaintiff must give believable domestic abuse stories. The plaintiff needs a domestic violence attorney Miami to get a stronger restraining order. Persons that disobey a restraining order usually get either civil or criminal penalties. They may have to pay for damages or submit to given sanctions. If they continue to disobey the order, the person gets charged with contempt, and as result must spend some time in jail. Restraining Orders can have additional provisions. Bellow you can read different types of restraining orders provisions:
- Stay Away Provision – This provision instructed to stay away from a person’s home, workplace and school.
- No Contact Provision – This provision forbids the accuser from sending messages, gift or sending emails to the victim.
- Cease Abuse Provision – This forbids the accuser from continuing abusing the victim in either physical or mental ways.
- Support Provisions – In some states, the abuser may be forced to pay for a property that is still owned by both himself and the victim.
- Exclusive Use Provision – This provision gives the victim exclusive use of a car owned by both the victim and the abuser.
- Restitution Provision – This forces the abuser to pay for property damage or health expenses of the victim.
- Relinquish Firearms Provision – Some courts may demand the abuser give up his or her firearms.
In 2010, the Journal of the American Academy of Psychiatry did 15 studies of the usefulness of a restraining order. Based on their divorce and domestic violence statistics, they concluded that restraining orders were useful when trying to manage threats. Still, they noted that 40% of the restrain orders are usually violated within the first year. From that amount, 20% of the violators proceeded to commit even worst atrocities upon the victim, because the restraining order angered them.
For example, most restraining orders issued against stalkers get violated 68% of the time. The problem is that because the restraining orders are given so easily, the abusers rarely take them seriously. Threat management experts seem skeptical of the usefulness of the restraining order. At most, they simply prove the victim’s accusations against their abusers, even if they only offer symbolic household violence divorce help.
Effects of Domestic Violence Miami
Currently the World Health Organization estimates that about 40 % of women murder victims are killed by abuse or their partners. The effects of home abuse can be devastating, victims are more likely to commit suicide. Women may be more or less vulnerable to certain types of abuse, and may have difficulty accessing legal remedies or obtaining protection from abuse because of their ethnicity, economic status or cultural level. Some women due to the effects of home abuse have very low self-esteem so they tend to look only degrade and get bad jobs.
The effects of household violence also occur in children, family, friends and work. Children in homes where domestic abuse occurs may be witnesses to abuse, can in turn be abused and damaged. Understanding the effect of home abuse on children, family and in particular the relationship between spouse and child abuse help household violence and community centers against violence play a very important role.