Domestic Violence: What Is Abuse?

Posted July 16, 2020

Of great concern during the COVID-19 coronavirus pandemic is the increased risk of domestic abuse toward spouses, cohabitants, and children because of the increase in time spent at home relative to pre-pandemic times.

Many people are unaware that domestic violence restraining orders can be granted for more reasons than “physical violence.” Remember the following saying: physical violence is domestic abuse, but not all domestic abuse is physical. The risk of domestic abuse is increased in all forms.

Generally, here are the actions to be aware of:

An intentional or reckless act that causes or attempts to cause bodily injury (this means that an act of abuse does not have to be successful);
Sexual assault;
Molesting;
Attacking;
Striking;
Stalking;
Threatening;
Battering;
Credibly impersonating for purposes of harming, intimidating, threatening, or defrauding;
Falsely personating another to obtain certain benefits which effects the other’s rights/obligations;
Harassing;
Telephoning, or electronically communicating, to make obscene statements or threats, or to annoy or harass;
Destroying personal property;
Contacting, directly or indirectly, by mail or otherwise;
Coming within a specified distance;
Disturbing the peace.

These are all acts of domestic violence and all can be restrained by court order. If you believe you are, or someone you know is, the victim of one or more of the acts above, you must seek out a family law attorney, and potentially a criminal attorney, to help confirm abuse is occurring and help obtain a Temporary Restraining Order, and ultimately, a Domestic Violence Restraining Order. These situations are often frightening, and the ramifications may be far reaching, but help is available to guide abused individuals to the next phase of their lives. Every person has the right to live a life free of abuse and every abuser deserves to be restrained and receive consequences for their actions.

Further Reading » Getting Married: Should You Consider a Premarital Agreement?

It is important to know your rights, responsibilities, and options regarding domestic abuse. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

If you are in crisis and in need of immediate assistance, contact the National Domestic Violence Hotline

Help is available. For Free. Confidential. 24/7 Support – Speak with someone today.
Languages: English, Spanish and 200+ through interpretation service Learn more

Call: 1.800.799.SAFE (7233)
TTY 1.800.787.3224

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.