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Domestic Violence Law

What is domestic violence?

Domestic violence law states that domestic violence is abuse against a spouse or ex-spouse, a cohabitant, an individual with whom the accused has had a relationship, an individual with whom the accused has had a child or abuse against a child.

What is the statute of limitations to sue for domestic violence?

The statute of limitations for domestic violence may be different in different parts of USA. In some states like New York, the statute of limitations to sue for domestic violence is one year from the day of the assault.

Can an individual who has been arrested for domestic violence be bailed out?

According to domestic violence law, an individual who has been arrested for domestic violence may be let out on bail. However, the judge will set certain rules and conditions that the individual must follow when out of jail. He/she may be given a “no contact” order. This means that the individual may not meet his/her spouse when out of jail. He/she may be allowed to visit his/her home once accompanied by a police officer to collect his/her clothes and other things that he/she may need, but may not be allowed to stay. The district or state attorney’s office may also review the individual’s arrest report and decide if they need to file formal charges against the individual or not. If this happens, the victim may also be called to give a statement against the individual.

Can an individual sue his/her ex-spouse for libel and defamation of character if the ex-spouse sues him/her falsely for domestic violence?

According to domestic violence law, an individual may not be able to sue his/her ex-spouse of libel and defamation of character if the ex-spouse accuses him/her falsely for domestic violence in court. However, the individual may sue the ex-spouse for abuse of process and if formal charges were pressed against the individual, he/she may also sue for malicious prosecution.

Can an individual sue a domestic violence shelter if he/she gets injured due to the negligence of the staff?

As per the domestic violence law, an individual may be able to sue a domestic violence shelter for injuries if he/she is able to prove that the injuries were caused due to the negligence of the staff at the shelter. The individual may also have to document his/her injuries and lost income if he/she wants to sue the shelter.

What amount can a domestic violence victim be awarded in a domestic violence or personal injury case?

The amount that an individual may be awarded in a domestic violence or personal injury case would depend on the individual’s circumstances. Some of the factors that may determine the amount are the extent of the individual’s injuries, the level of the individual’s pain and suffering, whether the individual lost his/her wages as a result of the case, the amount on his/her medical bills and how the injuries have affected the individual.

What can an individual do if he/she is unable to go to a domestic violence trial to testify against the accused due to his/her injuries?

In most situations, if there is enough evidence against an individual in a domestic violence case, the victim may not be needed to testify against the accused. If the individual wants to testify against the accused but is not able to go to a trial due to injuries, he/she may request the prosecuting attorney to change the date on which he/she can testify to a convenient one for him/her. However, since punishing the accused would be a priority, the prosecution may or may not accommodate the victim’s request.

Being a victim of domestic violence can be a very traumatizing experience. Not knowing what to do in a situation like this or what steps to take against the attacker can leave an individual feeling helpless. It is important for individuals to know what the domestic violence law is and what its provisions are in order to know their rights if they are victims of domestic violence. Understanding the different provisions of the domestic violence law will help individuals take action against their attackers in a right and timely manner.
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Recent Domestic Violence Questions

  • 22 y/o male w/mental illness, controlled by meds (injections).

    22 y/o male w/mental illness, controlled by meds (injections).
    In home with addict mother(passed out) her boyfriend/pusher attempts entry, 22 y/o male denies. Mother awakes lets boyfriend into house. Boyfriend threatens 22 y/o male with bodily harm, upon access to residence attacks 22 y/o male by grabbing by collar of shirt and dragging around room. 22 y/o male states afraid for life and stabs boyfriend.
    cops state that since mother let in boyfriend B&E is not relevant and due to prior offense of 22 y/o male he was arrested and charged for attempted murder. Boyfriend not filing charges, DA is.
    Why is this not Domestic Violence or Breaking & Entering?
    why is the prior a factor?
    Why is the boyfriend not being charged?
  • I am just starting to recover from a brutal divorce. During

    I am just starting to recover from a brutal divorce. During the last two years I have had to battle false allegation. And I have had to change just about everything in my life because of the slander that occurred. I want to go back after the folks involved that acted unethically which brought a lot of pain and suffering to myself and my five children.

    As a starting place, there is one person that not only blatantly tried to smear me to the Court, but clearly violated my privacy. She is some sort of ultra-feminist that operates a couple of domestic violence businesses. Her name isXXXXX recorded the voluntary interview I had with her, thankfully, because in her report, she was lying through her teeth. But that is a seperate issue.

    After she had made her report, she distributed it (my personal medical information) to the custody evaluator, to my ex's attorney, and then lastly to my attorney.

    This interview was a request that the Custody Evaluator suggested I do. It was not Court ordered, and Ms. Scaia admits that she knows that in the beginning of the interview. Also, when I went to her place of business in Grand Rapids, Mn, I was given no materials or notices about my privacy, nor did i fill out or sign one piece of paper work. It was literally that I came in and her and I sat down together in a room for the interview. The interview took twice as long as she had said, it was obvious that she was 'hunting' for something. At the end of the interview as I left out to the hall, I looked back through the door and she was looking at her notes with a smirk on her face.

    Then appx. 2 weeks later out comes her report. And it was a massive smear campaign, lacking actual evidence but using statistical data to claim that it was her proffesional opinion that I was forceably raping my wife, and other rediculous claims.

    This report then continued to plague me in the Court as the CE continued to forward it to a psychological evaluator despite a direct order of the Court not to do so.

    Ms. Scaia claims to be a medical proffesional, and her report was used as such. Although I was able to nuetralize it some because of my recording and transcripts.

    So, here is my question. I think that the violation of my privacy and failure to give me any notices under HIPAA are clear, as does my family law attorney. But I am lost as to how to proceed. I live in a rural area of Minnesota, and I may have to find an attorney that is some distance away. I am wondering what sort of lawsuit can I launch because of this. And how can I arrange to finance the litigation, I just got done with the divorce, and the bills I owe are large.

    A response will be appreciated.

    Vance Butler
  • BACKGROUND I am a pro se defendant (with lots of legal training)

    BACKGROUND

    I am a pro se defendant (with lots of legal training) in a defamation lawsuit over statements of opinion posted to an online political opinion blog by the plaintiff ...(who is a public figure with a law degree and a member of the bar although he doesn't actively practice much and he isn't a very deep thinker).. alleges were false etc. I filed my special motion to strike under our anti-SLAPP statutes and my motion was supported by numerous sworn declarations from various people.

    One of the people who swore out statements for me is a city councilman in a nearby city who is currently running for mayor. Ever since the plaintiff became aware of the names of the people supporting me he has engaged in what I consider to be some very clear cut incidences of witness coercion ...especially against the councilman/candidate for mayor.

    He dug through this mans past and dredged up a 22 yr old guilty plea for a DUII and for a Misdemeanor Assault IV (Domestic Violence) ...of course since that time he hasn't even had a speeding ticket. He posted this information on the "Townhall" facebook group for this mans city Here is that post ...one of many:

    "Councilor "SMITH" has formally weighed in against me in my lawsuit against the man behind the "JOHNSON" fraud by siding with ME which prompted me to reveal his criminal record of beating women. Even to this day, SMITH downplays the seriousness of his felony arrest, chalking it up to having a bit too much to drink".....

    But the truth about ME AND SMITH AND OTHERS is coming out in open court, which will demonstrate once and for all why Councilor SMITH should never be given the reins of GOTHAM CITY government

    Since then he has gone on to drive 1 1/2 hours from his home to attend a city council meeting of this city and tried to push thru a new rule that all candidates for city office be required to submit to a full background check by the city with the results being published saying that it would hopefully stop people like SMITH from holding elective office.

    The names were changed to protect the innocent and this is just one out of at least 10-12 other postings to facebook groups where the plaintiff has no other interest at all. The predictable result is that I am going to lose my witness because of what this guy is doing to him while there is an open and active civil case that he is not a party too ... the message is real clear and even ray charles can see that so long as my witness is going to be a witness against him he is going to harass and badger and mother f**k him everywhere in everyway he can (I know this sounds unbelievable but it's really happening)

    QUESTION: Is there anything I can do to get this guy to stop coercing my witnesses ...a TRO or something ...This has got to be a violation of some part of the Code of Professional Conduct doesn;'t it? What would you do if this were happening to you?
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