Family violence, also known as Domestic violence, refers to physical harm inflicted on one member of a household or family, by another member of the same household or family (usually between spouses). Domestic violence, sometimes called spousal abuse when it involves a husband and wife, usually involves repetitive physical and psychological abuse, and a "cycle of violence". Specific crimes charged vary based on: (1) the severity of the victim`s injuries; (2) whether a minor was present; and (3) whether a protective or restraining order was in place at the time of the violence.
First, the severity of the victim’s injury will determine whether the police and/or prosecutor will charge the accused with simple battery, aggravated assault and/or aggravated battery. Second, if a minor was present to witness the domestic violence, there will certainly be a charge of Cruelty to Children put upon the accused, for allowing the child to witness the violence. Third, if there is a protective order in place when the domestic violence occurs, the accused will probably be charged with Aggravated Stalking, which requires a Superior Court judge to set bond.
When an officer is called to a scene due to an alleged family violence incident, 99% of the time, someone is taken to jail. The person who contacts the police is called the Complaining Witness in a case. The complaining witness, who might not be the victim, is usually the prosecutor’s main and only witness. At the time of the arrest, the responding officer may take both a written statement from the victim and photographs of all of the victim’s injuries, which can be used as evidence in the case. In addition, the 9-1-1 tape can be used as evidence by the prosecutor to establish the emotional state of the complainant.
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