Divorce and Domestic Violence: is Domestic Violence Different From a Civil Harassment?

The term domestic violence is often subject to numerous misunderstandings. Because of the lack of clarity of what the term actually means, some victims are misled in their search and attempt to have their abuser brought to justice. Therefore it is essential to understand the all aspects covered by domestic violence.

Civil harassment refers to a situation when one person annoys, harasses, injures, or threatens another person. There are many categories of civil harassment, domestic violence being one of these categories. However, domestic violence cases are very special and differ from civil harassment cases because of the relationship between the aggressor and the abuser, and because of the diverse forms of domestic violence.

First, domestic violence is different from other types of civil harassment because of the existing relationship between the victim and his/her aggressor. A civil harassment case can be considered a domestic violence case if the two parties are currently married now or were formerly married to one another, or if the parties share a blood relationship, or the two parties are or were living together, or if the two parties have a minor child in common. If a case does not meet this criterion, it may not be considered as a simple civil harassment case. Further, many times the harm caused by one person against the other is often greater than in other types of civil harassment because of the interpersonal relationships involved.

Domestic violence covers a large array of abuses. This notion is not only restrained to actual physical abuse, but it can also covers any form of emotional abuse, threatening phone calls, disturbances at the place of employment of the victim, stalking. Courts many times take into account any forms of dominance and control over the victim. Because of this diversity, remedies to stop or prevent further domestic violence may be different than remedies used in a civil harassment case.

Domestic violence is pervasive and has plagued many layers of the society. Some studies indicate that there is absolutely no correlation between education level and domestic violence. There is also no correlation with race or religion.

It is important to know how to identify a case of domestic violence. If you believe you are a victim of civil harassment or domestic violence you would be wise to consult an attorney in your area to help you learn where you stand legally and what your legal options are with respect to the laws in your area pertaining to domestic violence and civil harassment.

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