Dealing with domestic abuse and domestic violence is tough, but understanding the differences between the two helps you seek the right legal remedies. Domestic abuse includes emotional and psychological harm, while domestic violence is specifically about physical harm. Knowing this legal distinction can guide you in finding the right support and legal action.
Family courts focus on protection orders and custody arrangements, prioritizing your and your children's safety. Criminal courts handle punishing the perpetrators, focusing on charges, trials, and potential jail time. By understanding what each court handles, you can better navigate the system to get the protection and justice you deserve.
Legal Definitions and Distinctions
There are legal nuances between domestic abuse and domestic violence.
Domestic abuse covers a wider spectrum. It includes behaviors that inflict emotional and psychological harm, such as verbal abuse, financial abuse, manipulation, controlling behaviors, and so forth. Abuse is a pattern where a partner tries to maintain power and control over you.
Domestic violence specifically involves physical harm and is more legally straightforward. It includes punching, kicking, striking someone with objects, and more.
These distinctions impact the legal actions you can take and the resources available to you.
Civil and Criminal Responses
Family courts handle civil cases. They focus on immediate protection and long-term safety, often through protection orders. These orders protect you and your children by dictating custody arrangements and visitation rights.
Criminal courts prosecute the perpetrator. They focus on criminal charges, trials, fines, and jail time. Knowing these differences helps you navigate the legal system in search of justice and protection.
Family Court Remedies
If you're facing either domestic abuse or violence, a family court can issue protective orders to help keep you safe. These orders can limit the accused's access to you or your children.
In a divorce, courts can also take care of abuse victims. Often, they force the abuser to pay larger sums in spousal support. They can also make the abuser give up more property in the divorce. The courts take these actions to help compensate the victims for their pain and suffering.
Criminal Court Penalties
When the state arrests someone for domestic violence, a series of events unfold, from booking to charges. The severity of the violence and the perpetrator’s criminal history determine the charges.
Prosecutors must prove the instances of violence beyond a reasonable doubt. They do so by using physical evidence, documentation, law enforcement statements, and witness testimony.
After a conviction, the court moves on to sentencing and rehabilitation. Sentences range from fines and probation to imprisonment. The court can also mandate rehabilitation programs to address issues like anger management or substance abuse, helping future violence.
Concurrent Jurisdiction and Legal Challenges
When both family and criminal courts have concurrent jurisdiction, it can lead to complex situations like conflicting orders. The offender could manipulate the system, using such conflicts to free themselves from legal entanglement.
Navigating these waters requires an understanding of both legal arenas. A good attorney can help you manage these challenges, ensuring that your rights are preserved while striving for justice and protection.
Dealing with both courts can be emotionally draining for victims, and it presents high-stakes for the accused. Either court can have a serious impact on freedoms and parental rights. Make sure to work with an attorney who is sensitive to these impacts, so they can guide you through the legal complexities involved.
If you are facing abuse in your marriage, or you are divorcing an abusive partner, Burch Shepard Family Law Group is here to help. Our team is available online or by phone at (949) 565-4158.
