Domestic Violence & Neglect

Domestic violence is the term used to refer to harmful behavior between family or household members. It includes child abuse, spousal/domestic partner abuse, and elder abuse. Domestic abuse encompasses both actual and threatened physical harm, sexual abuse, and emotional or psychological abuse. Often, multiple forms of abuse are perpetrated in the same household.

An adult victim of abuse has several options. He or she can file criminal charges, file a civil suit seeking damages, or seek a restraining order or order for protection against the perpetrator of the abuse. An order for protection prohibits the abuser from continuing the abuse. A victim of abuse must petition the court for such an order. It is helpful if the petitioner has physical proof of his or her claims, such as bruises, medical records, or photographs. If the victim is in immediate danger, an "ex parte" order may be issued without requiring the alleged perpetrator to appear. In all other cases, there will be a court hearing, at which a judge will hear the matter and decide what action is in the best interests of the parties and any minor children involved. If a court order is violated, the police may remove the abuser from the home and charge him or her with criminal offenses.

Although many people think of domestic abuse in terms of abuse by one spouse or domestic partner upon the other, another form of adult abuse -- elder abuse -- is much more common than many realize. Abused older persons, often parents or grandparents living under the same roof with younger generations of the family, have the same rights as all victims of domestic violence. Adults of any age who are vulnerable because of a physical or mental disability are also entitled to the same protections. The intentional failure to provide the basic necessities, such as food, clothing, and shelter, for elderly and other vulnerable adults is considered neglect. Certain professionals who come in contact with adults they suspect may be suffering abuse or neglect have a legal obligation to report their suspicions. A report made in good faith will not subject the reporter to any legal liability.

Child abuse is another, and perhaps the most serious, problem. Child abuse can take many forms. Neglect occurs when the responsible parties fail to provide the child with the basic necessities or to protect them from imminent and serious harm. Physical abuse is any physical or mental injury that is inflicted or threatened to be inflicted on the child by a responsible party. Sexual abuse occurs when any person in a position of authority over the child subjects the child to sexual contact. Even prenatal exposure to controlled substances, other than for medical reasons, can constitute child abuse. As with elder abuse, certain persons who by virtue of their professions come into contact with children they suspect may have been abused have a duty to report their suspicions. Many states have centralized reporting stations, available through toll-free telephone numbers, to which suspicions of abuse may be reported.

Domestic violence and neglect, whether perpetrated on a child, a spouse or partner, or an elderly or other vulnerable adult, is a grave problem with serious, long-term consequences. A lawyer experienced in dealing with abuse issues can help a victim get the protection to which he or she is entitled.

Checklist: Steps to Take if You Are a Victim of Domestic Abuse

Domestic violence can strike anyone, at any time. It knows no economic or racial boundaries, and pays no attention to age or gender. If you are in a violent relationship, it is imperative that you take immediate steps to protect yourself and your children, if any. An attorney can also advise you and assist you with long-term planning for your security after your immediate safety is ensured. The following steps may help guide and protect you if you are a victim of domestic violence.

• Call the police.
• Seek medical attention.
• Leave your home, at least temporarily.
• Go to a secure shelter.
• If you don't leave your home permanently,
  • Change the locks on the doors and windows.
  • Change your telephone number to an unlisted number.
  • Alert neighbors to the situation and ask them to keep an eye on your house and call the police if they see anything suspicious.
  • Alter your daily schedule and/or travel routes.
  • Change your children's daycare.
  • Get a dog.
  • Get a roommate.
• Seek legal advice from an attorney experienced with domestic violence cases.
• With the help of your attorney, seek an order for protection from the court so that
  • The abuser is ordered to stop the abuse.
  • The abuser is ordered to stay away from your home and place of employment.
  • The abuser is ordered not to harass you through phone calls or other communications.
  • The abuser is ordered to stay away from your children, their school, and their daycare centers.
  • Police take your calls for help more seriously.
  • Your abuser can be arrested if he or she violates the order.
  • Your abuser is subject to greater criminal penalties.
• With the assistance of your attorney, seek the court's help to enforce the order for protection if the abuser violates it.
• Consider ending the marriage and filing for divorce.
• Ask your attorney for support resources for victims of domestic violence.

Disclaimer

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.