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Frequently Asked Questions about Domestic Violence

Q: What is domestic violence?

A: Domestic violence is the use of physical, sexual, economic, emotional and/or psychological abuse by an intimate partner or family member to control the actions of another. In most states, domestic violence crimes include behaviors that constitute assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment and other criminal offenses that result in physical injury or death.

Q: Can I be arrested for domestic abuse if the injury is minor?

A: Yes. Minor physical injuries, and even the threat of violence, may result in an arrest in a domestic violence case. However, the severity of the injury may influence the specific charge brought.

In 2002, federal prosecution for violent crimes against women increased by 35 percent. If you are accused of domestic violence, the accusation will be taken seriously and will likely be prosecuted. The sooner you contact an attorney upon being threatened with domestic abuse charges, the better your chances of mounting a successful defense.

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Domestic violence (or spousal abuse) is a serious crime that can affect your freedom as well as your access to your home and family. You need a lawyer who can protect your rights and interests. This page contains general information about domestic violence. For more information about Earl Carter & Associates, see our domestic violence page.

Domestic Violence - An Overview

Domestic violence used to be viewed as a private matter between two individuals, usually a husband and wife. Given the prevalence of domestic violence and the effect it has on the lives of everyone involved, it is no longer seen as a private matter. All 50 states and the federal government have passed laws criminalizing domestic violence and offering civil relief to the victims. If you have questions about domestic violence, contact an experienced attorney in your area. Domestic violence charges are serious and should not be taken lightly.

Domestic Violence Charges and Sentencing

Most domestic violence charges can be charged as either a felony or a misdemeanor. A defendant charged with a felony can serve significant time in prison, whereas a defendant charged with a misdemeanor may serve only a short jail term or be required to pay a fine, attend counseling or be put on probation.

Orders of Protection

Protective orders are used to prevent contact between victims and alleged domestic violence abusers. These orders can have a serious impact on the freedoms and abilities of those who are subject to them and can affect divorce and child custody proceedings.

Domestic Violence and Child Custody

Under state law, domestic violence charges should be considered by the court before making any decisions regarding child custody. Thus, those who have been charged with domestic violence may be denied custody rights altogether or granted limited, supervised visitation with their children.

Federal Full Faith and Credit Laws

Under federal law, a protective order issued in one state must be enforced wherever a violation occurs - even if it is not in the same state where the order was issued. Known as full faith and credit, this federal law seeks to protect victims of domestic violence from abusers crossing state lines to violate the terms of protection orders.

Domestic Violence Resource Links

National Domestic Violence Hotline
Contains detailed information on domestic violence, including information for victims, abusers and family members.

Family Violence Prevention Fund
Web site dedicated to preventing violence within the home and in the community, providing information on domestic violence, working with children affected directly or indirectly by abuse and other important information.

National Crime Prevention Council
A public education program designed to stimulate community involvement and generate confidence in comprehensive crime prevention activities.

CDC: Division of Violence Prevention
Resource dedicated to prevention of child abuse, domestic violence, sexual crimes and youth violence.

Emerge: Counseling and Education to Stop Domestic Violence
Resource for domestic violence offenders, providing counseling programs, education sources, support groups and other materials to help break the chain of abuse in intimate relationships.