What Domestic Violence Is
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1. What kind of behavior is considered domestic violence?
Domestic violence can take a number of forms, including:- physical behavior such as slapping, punching, pulling hair or shoving
- forced or coerced sexual acts or behavior such as unwanted fondling or intercourse, or jokes and insults aimed at sexuality
- threats of abuse-threatening to hit, harm or use a weapon on another, or to tell others confidential information, and
- psychological abuse-attacks on self-esteem, controlling or limiting another's behavior, repeated insults and interrogation.
Civil Liability
1. Can I sue the abuser for my injuries?
Possibly. When one person injures another in some way, that act is called a "tort." The person injured by the tort may sue the wrongdoer for damages. Legally, torts are known as civil (as opposed to criminal) wrongs. But some acts of domestic violence, such as battery, may be both torts and crimes; the wrongdoer may face both civil and criminal penalties.Under traditional law, family members were prohibited from suing each other for torts. The justification was that allowing family members to sue each other would lead to a breakdown of the family. Today, however, many states recognize that if family members have committed torts against each other, the relationships are already suffering from breakdown. Thus, they no longer bar family members from suing each other. In these states, spouses may sue each other either during the marriage or after they have separated.
Arizona, Delaware, Hawaii, Illinois, Iowa, Louisiana, Missouri, Ohio, Texas, Utah, Wyoming and Washington, D.C. still prohibit one family member from suing another. A court may make an exception, however, when the tort is intentional-that is, a deliberate act which causes harm to another person. The behaviors that constitute domestic violence-assault, battery, psychological abuse-are almost always considered intentional torts.
Getting Legal Help
If you want to take legal action against your abuser or you need other legal help related to domestic abuse, the following organizations can refer you to assistance programs in your area:- The National Coalition Against Domestic Violence (NCADV), (303) 839-1852.
- The National Battered Women's Hotline, (800) 799-SAFE (7233).
