It is defined by the domestic abuse hotline as a pattern of behaviors used by one partner to control and maintain control of the other partner. You don't have to be married to have this issue. You can be dating, married, or living together. Status doesn't matter here. This abuse type is done by using physical harm, fear, and controlling behaviors. These can range from emotional abuse to threats and abuse of power. In the first source link at the bottom of the page there is more information on this topic and abuse type.
Law and Punishment
Let's get into laws, in Lehmans terms. This type of law includes civil protection orders and punishment for the controlling partner. Most are prosecuted under state law. I am going into Ohio's domestic violence laws here, so it may be different if you aren't in Ohio or your character lives elsewhere.
When someone is accused of domestic violence here's what going to happen to them.
- They are arrested
- reputation damage
- temporary restraining order
- firearm rights restricted
- occupation consequences for missing work (if they work)
If convicted, there is an injunction issued. That means no contact with the victim. Possibilities also include probation, counseling of any sort, and drug help. Below is a basic guideline to what can happen, based on the person/character's previous history.
First time - The first time usually results in first-degree misdemeanor, so six months in jail and $1000 fine. Was the (alleged) victim pregnant and you knew? Add a felony onto that.
Previous domestic violence - Previous convictions make it a fourth-degree felony, so a prison sentence of six to eighteen months and $5000 fine. Pregnant victim? You now get maximum penalty.
Related-to-domestic-violence convictions on recond - If you get convicted of domestic violence and have two plus prior convictions related to domestic violence, it is a third-degree felony, so maximum prison sentence and $10,000 fine.
After one gets out of prison/jail and pays their dues, what happens to them? Here's the struggle they created for themselves:
- hard to find jobs - restricted license for work - no firearms - less or no child custody (f it applies)
- permanent red mark on record
Proving Domestic Violence
We know what happens to the convicted, but how do the victims prove, or fake, domestic violence?
In writing your characters know that some have faked this, but whether they get away with it or not in your writing is your choice. That is only a miniscule number of people who fake. Without further adieu, here is how it can be proven, or faked.
Nonphysical abuse is hard to prove. No bruises or marks on your body, but still being abused? Doesn't look good in court, if you don't know how to document the abuse.
1. third party expert - If an expert on abuse, a therapist or psychologist, can confirm the abuse you have a witness.
2. paper trail - Keep a copy of the threatening texts, journal what is going on in real-time. Write factual and straight facts of what is happening somewhere. The more you leave a paper trail behind you, the more you have on someone. Can you record phone calls (check this out based on the state)? Do so!
Physical evidence is easier to prove than nonphysical, for obvious reasons. Bruises in places you can't reach? Obviously not your doing. Here is where something may be faked more easily (though the evidence above can be, too).
1. 911 call records and medical records - 911 will keep record of distress calls. These prove you needed help, serious help. Also, if someone put you in a hospital due to this abuse, it is documented by the hospital.
2. Witnesses of violence - In cases of violent attacks, a few witnesses can always be of help, if they are telling the truth. Witness something? Tell someone!
3. Records - Did they harm someone else before you and get convicted? That's one point in your favor. History of crime or violence is a sign you are telling the truth, or a convenient way to trap someone (if your character is lying, that is). Especially when they had a restraining order against them, police reports with their name on them, or anything proving trouble with the law.
4. Pictures of physical harm - If they harmed you or your property and you have it documented in pictures, you have physical evidence of an attack and have some serious evidence to protect yourself. Can this be faked? Possibly, depending on how far one wanted to go to pin a crime on someone.
When This Law Applies
All of the above applies in high conflict divorce cases, custody battles, and charges of domestic violence. When children are involved the law is serious about the child's welfare and will, most likely, be looking for stability in a parent, as well as safety. Some abusers try to take custody of the children as a way to bring pain to the other partner and keep them close.
You'll notice that I didn't focus on women on this post. This post isn't about gender, though domestic violence does connect to women. That's because men can be abused by other men or women, as well, and it is much harder to prove in court. Women can also abuse women. Women are not always saints and victims. I'm acknowledging that no matter your gender, domestic abuse can happen. Men are not immune to this.
Pictures:
nomore.com
thehotline.com
Sources:
https://www.thehotline.org/is-this-abuse/abuse-defined/
https://www.law.georgetown.edu/your-life-career/career-exploration-professional-development/for-jd-students/explore-legal-careers/practice-areas/domestic-violence-law/
https://www.rittgers.com/Criminal-Defense/Criminal-Defense-FAQ/Accused-Of-Domestic-Violence-In-Ohio-What-You-Need-To-Know.shtml
https://www.domesticshelters.org/articles/legal/how-to-prove-nonphysical-abuse-in-court
https://www.weinsteinlawoffice.com/blog/perserving-evidence-in-a-domestic-violence-case/
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