Philadelphia Criminal Defense Attorney Mark D. Hauser

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") usually involves repetitive physical and psychological abuse, and a "cycle of violence". Specific crimes charged vary based on

severity of the victim's injuries,
whether a minor was present, and
whether a protective or restraining order was violated.

Child Abuse

Child abuse is broadly defined in many states as any type of cruelty inflicted upon a child, including mental abuse, physical harm, neglect, and sexual abuse or exploitation. The specific crimes charged in instances of child abuse can include assault and battery. In many states, certain individuals and caregivers are required by law to report suspected child abuse.

What Is Domestic Violence?

Knowing the definition of domestic violence can help you take action against it.

What kind of behavior is considered domestic violence?

Domestic violence can take a number of forms, including:

physical behavior (slapping, punching, pulling hair or shoving)
forced or coerced sexual acts or behavior (unwanted fondling or intercourse, or sexual jokes and insults)
threats (threatening to hit, harm or use a weapon)
psychological abuse (attacks on self-esteem, attempts to control or limit another person's behavior, repeated insults or interrogation)
stalking (following a person, appearing at a person's home or workplace, making repeated phone calls or leaving written messages), or
cyberstalking (repeated online action or email that causes substantial emotional distress).

Typically, many kinds of abuse go on at the same time in a household.

Are TROs and emergency protective orders available only when the abuser is a spouse?

No, in most states, the victim of an abusive live-in lover can obtain a TRO or emergency protective order. In a few states, the victim of any adult relative, an abusive lover (non-live-in) or even a roommate can obtain such an order. To learn about your state's rule, contact a local crisis intervention center, social service organization or battered women's shelter.

Domestic Violence FAQ

Q : If the law takes children away from their parents, is the removal temporary or permanent?

A : The goal usually is to reunite the family after correcting the problems that led to the removal. This, however, is not always possible. For example, if the parents make little or no effort to improve the children's care, then the state may ask a court to end all parental rights. If this happens, the legal bonds between parents and children are completely and permanently cut, and another family may adopt the children.

Q : What is child neglect?

A : State laws make it a criminal offense for parents and legal guardians to fail to meet children's basic needs, including food, shelter, clothes, medical treatment, and supervision. Such failure constitutes child neglect.

Q : What persons and what types of actions are covered by child abuse laws?

A : It is a crime for adults to abuse children in their care. Such adults include parents, foster parents, legal guardians, other adults in the home, family members, and baby-sitters. Supervising adults may not go beyond reasonable physical punishment. For example, adults who beat children so severely that they require medical treatment have violated these laws. Child abuse laws involve not only physical abuse (such as beatings or starvation), but other types of cruelty, such as sexual molestation and subjecting a child to extreme public humiliation.

A person may be guilty of child abuse that he or she did not personally commit if that person had legal responsibility for the child and failed to protect the child from the abuser.

Q : Who has a duty to report suspected child neglect and abuse?

A : The law compels a wide range of people who have contact with children to report suspected child abuse or neglect. Such people include doctors, nurses, teachers, social workers, and childcare providers . A person who is required to report suspected neglect or abuse may face civil or criminal penalties for failure to do so. In addition, states often encourage the reporting of suspected abuse by others such as neighbors and family members through special hot lines. The laws of most states encourage persons to make reports of abuse by granting them immunity from defamation suits by the accused parents if they make the report in good faith. Some states keep central lists of suspected child abuse cases. This helps identify parents, for example, who take their children to different hospitals in order to conceal the evidence that they have repeatedly abused their children.