What Criteria Needs To Be Met For Domestic Violence In The Eyes Of The Law?

There are basically two elements that would need to be met for domestic violence. One condition is that the parties would need to be in a domestic living situation, meaning the parties lived together whether married or unmarried. The parties would not need to be in a relationship, so they could be family members, roommates or whatever. Domestic violence is typically considered to be between parties who are in a relationship, either married or unmarried. Obviously, the second element for it to be considered domestic violence is that there would have to be violence.

Does The Seriousness Of The Crime Depend On The Relationship Of The Involved?

No, not at all because the issue would still be the violence.

How Do Self Defense Scenarios Generally Play Out And Who Ends Up Being Arrested And Charged?

This is a very difficult area, because most of the time the situation involves two people between whom some form of violence has erupted, whether it was because one was provoking the other, one instigated the other, or it was a mutual type of thing. The parties involved are usually the only two witnesses there, which generally makes it very difficult to get to the bottom of what happened, because it is often one person's word against the other.

In a lot of situations there are patterns of violence or there would be physical evidence of it. In bad cases there may be bruises and actual physical injuries to the person which would make those situations quite obvious. A lot of what falls under domestic violence, and which is not so obvious, are situations where two people get into an argument and then one person pushes, hits or slaps the other person, but there are really no injuries or evidence of it.

Sometimes what happens is that someone like a relative or a neighbor calls the police because there was scuffle, and then the police would arrive on the scene and they would have to make a judgment call. Sometimes the judgment call is right whereas sometimes it is not right. Sometimes one person might be able to convince the police that they are the victim, whereas sometimes it could be the other person.

It is often unclear as to who the instigator or the victim is in certain cases because in most cases there really is no injury, and it is basically just a report because one person put another person into fear or pushed them, so the police got called and then they had to come out and make a judgment call.

What Would Be The Grounds Of An Arrest If There Was An Argument And Someone Else Called The Police?

In this case it would have to be more than verbal yelling; there would have to be some type of either battery, such as an actual physical assault, or an assault which would be a threat of violence like threatening to hit somebody, pointing a gun at somebody, or picking up a weapon and threatening somebody. It would have to be an actual contact battery or a threat of some sort to commit a violent act. People just yelling at each other and getting into an argument would not be considered domestic violence unless there was something else there.

Would Someone Be Arrested If No One Had Been Hit By The Time The Police Arrived?

It could be considered an assault if someone was waving a weapon or their fist at somebody else, because even the threat of violence would come under assault. An example would be if someone picked up a rock and threw it at someone, because even if they missed, they would have put the other person in fear, so that would come under assault. It would not have to actually hit the other person, although if they actually did get hit with the rock, then that would become a battery, which would be the distinction. It would have to be one of these two things in order for it to be considered violence.

How Do The Courts Or The Judges View Someone Who Has Been Charged With Domestic Violence?

It is actually very common and it would have to be looked at with regards to the seriousness of the situation. It would be a big deal if it was a really serious situation where somebody had been seriously injured or there was serious bodily harm. Most charges of domestic violence are fairly minor so the courts often feel that people just exaggerate their story, because these types of allegations are often used by people to try to gain advantages, especially in divorce situations and in child custody.

A lot of times it is abused because most of the time the courts do not really put a whole lot of emphasis on it unless there was something that showed that the danger was ongoing and it really was a dangerous situation. A lot of times the court will overlook it if someone had one incident of domestic violence and they were not living together with that person anymore and it did not look like they were dangerous to the kids.

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