What is Domestic Violence
Social Definition: Abuse of Power and Control
- The use of physical, sexual and emotional force by the batterer to frighten, intimidate and control the victim
Legal Definition: Harm plus Relationship
- Assault (physical harm)
- Threat of Assault (physical harm)
- Child Abuse or Child Endangerment
- Related by blood or marriage to victim AND live/d together
- Unmarried partners who are/have "cohabited" within the last 5 years
- Partners who have a child together
Remedies for Domestic Violence
Criminal Charges
- Call police
- Charges filed
- TPO issued while case is pending – ends when case ends
- Prosecutor presents the case, victim is the witness
- If DV is proven, batterer is convicted
- If convicted, punishments can be: jail, fine, counseling (AMEND), probation
- If the assault is serious or a second offense, case can be charged as a felony. Goes to grand jury first. Punishments are stiffer.
Civil Protection Order - Domestic Relations Court
- No criminal charges are necessary
- File petition at Domestic Relations Court, 800 Broadway, 2nd Floor
- Immediate, one-sided hearing; leave with a CPO
- Second hearing in 10 days – abuser tells his/her side
- If petitioner is believed, CPO made good for up to 5 years
- CPO can grant: custody, child support, car keys, stay-away
- If divorce filed, new orders of custody and child support will be made