DOMESTIC VIOLENCE
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WHAT DOES DOMESTIC VIOLENCE MEAN?
Domestic Violence is defined by the Penal Code as an assault OR an assault & battery that is committed by a spouse, former spouse, a person residing or having resided in the same household as the victim, a person having a child n common with the victim, or a person with whom he/she has or has had a dating relationship.
Domestic Violence has been defined by the Domestic Violence Act as a non-self defense act that
- causes or attempts to cause physical or mental harm to a family or household member
- places a family or household member in fear of physical or mental harm
- causes or attempting to cause a family or household member to engage in involuntary sexual activity by force, or duress, and/or
- Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
The Domestic Violence Act defines "family or household member" as a spouse or former spouse, a person with whom the defendant resides or has resided, a person with whom the defendant is or has engaged in a sexual relationship, a person to whom the defendant is related or was formerly related by marriage, or a person with whom the defendant has had a child in common, or the minor child or one of these people.
Domestic violence has also been viewed as a learned pattern of physical, verbal, sexual and/or emotional behaviors in which one person in a relationship uses force and intimidation to dominate or control the other person. The partners may be married or not married; heterosexual, gay or lesbian; living together, separated or dating. Domestic violence occurs in all ages, races, genders and social classes.