laws_with_domestic_dispute

DOMESTIC DISPUTE REPORT FOR POLICY MAKING

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Domestic Dispute Report for Policy Making

Domestic violence laws

Laws dealing with domestic violence

Domestic violence is an increasing phenomenon in today’s society considering the aggregative nature of life. According to a study it showed that many people accredit their violent outbursts to either work or social stress. The state of Connecticut has a variety of laws to guide and protect the victim and ensure that the perpetrator is justly dealt with. Family and domestic violence laws are the constitutional laws that ensure that despite gender, age and even race are protected from this vice.

In all walks of life it has been declared that it is illegal for anyone to physically assault another person. Even with close kinship ties assault is punishable by law. With this in mind family violence and domestic dispute is described as an incidence that results in bodily harm or injury. In addition it can also be defined as an act or threat that makes one fear for his safety CITATION Lin05 l 1033 (McKie, 2005).

In the constitution a family is described to constitute any or all of the following persons

Spouse or former spouse. In this case Sarah and her boyfriend are considered spouses considering their relations.

Parents or their children

Persons related by blood

Persons who live together regardless of the fact that they are not bound by blood or marriage. For example roommates.

Persons who are currently in or were previously in a dating relationship. This is also another qualification for the case of Sarah and her boyfriend.

If any form of violence occurs between any of the above named persons there are both civil and criminal laws that offer reprieve to the offended. Criminal laws ensure that the offender is prosecuted according to state laws. On the other hand civil laws ensure that the offended gets relief and compensation for any damages suffered due to the acts of the offender.

For criminal law there are several forms of abuse in that of criminal convictions for assault, stalking or threatening. Sentences can g to as large as 99 years. Other laws include those that allow persons to take up restraining orders. Also there are the laws that protect victims of such disputes. In the state there is also a provision of forming groups and societies that help such persons CITATION Mar08 l 1033 (Mccue, 2008).

Personal crimes and property crimes and how they apply to domestic disputes

Personal crimes are those that are perpetrated against an individual this is the case for such instances as rape homicide and kidnapping. There are also various level and categories of these crimes. Taking as an example homicide can be categorized into first and second degree murder, involuntary manslaughter and even vehicle homicide. In all these cases only the victim gets affected. On the other hand property crimes are those that affect the wealth of a person or the state and mostly involve damage of material wealth. Forgery, embezzlement, theft, arson and false pretenses are some of the crimes that fall in the category of property crimes. There is a difference between robbery and theft. Robbery involves stealing using force and a weapon while theft just involves taking someone else’s item without consent with the intention of claiming possession CITATION EGK02 l 1033 (Krug, 2002).

This brings in the fact that regardless of the major divisions some crimes can fall both into the personal and property crimes subdivision. For instance in the case of robbery both property and an individual can be affected. This thus shows that there is a very thin line between the two parts.

Domestic violence can be an instance of where property and an individual are harmed. Assault is where a person physically injures another person when it happens between persons falling in the category mentioned above it becomes a domestic dispute. On the other hand in the heat of the arguments that precede a domestic dispute situation property may be destroyed. This includes the property within the residence that may be damage CITATION Zor92 l 1033 (J, 1992).

Rights of persons involved in domestic disputes

Domestic violence is a traumatic time in the life of any individual. It causes not only physical but also psychological torment. The first right that an individual has right over is that of seeking medical attention if and when needed. Most people have nasty and even life threatening injuries. Most harm increases in intensity as the cases of domestic violence goes unreported. For instance in the case of Sarah at first it was only a bloody mouth then it escalated to a broken arm. She feared to go to hospital as it would lead to a lot of complications. Such victims also require counseling to enable them to accept their predicaments and to move on.

All human beings are entitled to a safe and life conserving environment. Victims of domestic violence usually do not feel safe and they are entitled to police protection. Most take restraining orders and thus the police system ensures that they feel protected CITATION Mar08 l 1033 (Mccue, 2008).

Another right entitled is that of justice. This ensures that disputes within the house are not taken lightly by the police force. All people in such unfortunate situations deserve prompt and fair aid.

It is not just for the sake of philanthropy but also the principle of humanity that all persons should report cases of violence. Many persons in such situations are fearful of what might happen to them if they report such cases thus it is the duty of the society to help them. As a bystander or third party do not meddle in others affairs but just report and give as much advice to the victim as is possible.

Criminal behavior of domestic violence

Crimes such as assault, murder and destruction of property come very close to domestic violence. Assault occurs when there is intense or even minor injury caused to another person due to the acts of another individual. Sarah had a broken arm showing that she had been injured by her boyfriend. In other cases there might be use of a weapon such as throwing a knife at someone. This might cause serious injury or death. When it comes to the case of death then murder is the next charge in the large plate of criminal offences that come as a result of domestic dispute. Destruction of the residence of an individual is a form of property crime. In the heat of the moment also of things can be broken without one actually realizing what is happening. Lack of knowledge is no defense to any crimes committed.

In policy making the laws should allow for prompt action to be taken in the case of such disputes. This is because as time passes the intensity of the crimes committed enlarge and more damage is created. Policies created to this effect should be more preventive than curative for this reason CITATION EGK02 l 1033 (Krug, 2002).

Reference

BIBLIOGRAPHY l 1033 J, Z. (1992, june 23). Criminal Law of Domestic Violence. Journal of Criminal Law, pp. 12-15.

Krug, E. (2002). The World Report on Violence. The Lancet, 45.

Mccue, M. L. (2008). Domestic Violence: A Refernce Handbook. Chicago: ABC-Clio.

McKie, L. (2005). Families, Violence and Social Change. NewYork: Open University Press.

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