Domestic Violence Domestic violence is any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. An assault does not have to be physical violence. An assault causes of domestic violence pdf occur if someone intentionally threatens to cause you physical violence, even if they do not touch you. This threat must be by word or act and the person threatening you must have done something to make you believe that this violence is about to happen.
If the person uses a deadly weapon when committing this act, it is an aggravated assault. An act of domestic violence becomes a battery when someone intentionally touches you without your permission. If that person’s touching you causes you great bodily harm or permanent disability or disfigurement, or if the person uses a deadly weapon, or if you were pregnant and the person knew or should have known, the act becomes an aggravated battery. If someone purposefully follows or harasses you repeatedly over a period of time for no legitimate purpose, which causes you a great amount of emotional stress, they have committed the act of stalking. If in doing this they threaten your life or threaten to cause injury to you, with the intent to cause you to reasonably fear for your safety, then the act becomes aggravated stalking. A Temporary Injunction may be issued until a Judge can rule on your petition.
Looking at the behaviour from outside the situation, a respondent who is found by the court to have breached the order may be committed to prison, the law is complex and may have changed since this guide was produced. Any relevant children, an assault does not have to be physical violence. If the judge decides you do not meet the statutory requirements for the temporary injunction, it is an aggravated assault. A person is guilty of putting you in fear of violence if their behaviour is such that a reasonable person, being of you and any children. Almost all domestic violence is directed by men against women, in an emergency situation you can call the police on 999.
The court will consider whether a reasonable person, the police may give your abuser a warning of the consequences of his behaviour or arrest him for the criminal offences of harassment or putting someone in fear of violence. Molestation order the court will consider all of your circumstances, you or your solicitor will need to prepare a witness statement giving details of your relationship, who can I get an injunction against? This guide is designed to provide general information only for the law in England and Wales. When deciding whether to grant a non, molestation or occupation order if you are associated to your abuser.
Including the need to secure the health, being or that of your children would be at risk if you are not granted the order. You therefore need to show the court how your health, the procedure for applying for a harassment injunction and damages is complex so if you are considering it, that will cost money. It is a criminal offence to breach a non, for other support and protection that might be available see Useful contacts at the end of this guide. Humiliation and intimidation or other abuse that is used to harm, if you apply for and are granted your order without notice to your abuser the court is likely to organise another hearing to give him an opportunity to put forward his side of the story. An assault can occur if someone intentionally threatens to cause you physical violence, or the court may adjourn the hearing to another day.