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Domestic Violence

Domestic violence may include acts of physical, psychological and economic abuse occurring within the marriage or unmarried relationship. It spans the range of violent encounters such as physical, sexual and verbal assaults, intimidation, threats, and extreme emotional or psychological neglect. Violence within the context of the family is not determined by race or ethnicity, socioeconomic standing, or education. It can occur in any family; it affects any member.

Domestic violence is considered as a major health problem in society today. In fact, it is a federal crime if you cross state lines in order to commit an act of domestic violence, or to disobey or violate an order of protection.

Order of Protection

As a legal remedy of domestic violence victims, an order of protection may be issued by a court to prevent a person from committing an act of domestic violence. The victim must file a verified petition before a magistrate to obtain this protection.

If the order of protection is issued, the court may:

* prohibit the defendant from committing any acts that constitute domestic violence;
* allow one of the parties to use and have exclusive possession of the residence;
* prevent the defendant from establishing contact with the victim and from approaching the residence, the workplace or school of the plaintiff, or other designated places or individuals;
* prohibit the possession or purchase of a firearm by the defendant, and require the surrender of existing firearms to local law enforcement; and/or,
* grant any other relief that may be necessary to protect the victim.

If you disobey the order of protection, you may be arrested and prosecuted for the crime of interfering with judicial proceedings, including any other crimes that you may have committed by disobeying the order. Domestic violence is a serious offense; make sure to seek the advice of an attorney if you have been charged with the offense.

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