Domestic Violence and Its 5 Types – How Can You File a Lawsuit

Domestic abuse is defined as a pattern of behavior that involves one partner in the relationship using physical, emotional, and mental abuse, physical violence, coercion, threats, and derogatory behavior to gain power and control over the other partner.

Domestic violence is common worldwide, with up to one-fourth of women and one in nine males suffering from domestic violence. In most cases, abuse extends to other members of the family, especially children.

Even though physical abuse is synonymous with domestic abuse, the other forms of violence are not any less abusive and damaging to the victim. In this article, you will find out the 5 types of domestic violence, ways in which you can identify domestic abuse, and how to file a claim that will be successful.

Predisposing Factors For Domestic Violence

Even though abuse in any form can never be justified, some determining reasons encourage the development of such dangerous behavior. For example, factors like childhood abuse, drug abuse, lower education, an abusive and controlling environment, personality disorders, jealousy, and low self-esteem issues can contribute to the desire to gain control and power over another person.

The abuser will then channel this desire to gain control through physical, sexual, emotional, or financial abuse. Apart from that, the abuse can also take the form of isolating or stalking the person.

Types Of Domestic Abuse

Here are the common types of domestic violence that can occur.

Physical Abuse

Physical and sexual abuse is the most common type of domestic violence that occurs. This abuse can take a different degree of severity, from grabbing, shoving, slapping, pushing to hitting, biting, burning, or stabbing.

Victims can also be locked, deprived of necessities like food, water, and sleep, and may even not be given medical treatment if they are injured. Every year around 15 % of children also face domestic violence. While the elderly are most likely to suffer from neglect as well as physical abuse.

Another form that physical violence can take is in the form of sexual abuse. Every year around 1 and a half million women suffer from rape in their relationships. If you or your loved one is suffering from domestic violence, get in touch with the Law Offices of Gerald J. Noonan to get help and get out of an abusive relationship by filing charges against your abuser.

Financial Abuse

In this type of domestic violence, the abuser oppresses the victim and gains control over them by controlling the economic resources. The abuser can limit access to funds to deny them to the victims completely. For example, the affected person may be given a limited allowance and may not know how the money is used.

The abusers may also disallow the person from having a job and earn money. The abuser may even go to extreme lengths of sabotaging the person at their work to lose their job. Another form of financial abuse is that one person uses the money earned for the household on their expensive desires.

The most vulnerable age group for financial abuse is the elderly. They are the most common and frequent victims of financial abuse. The abusers use their money without their consent.

Moreover, the abusers can have a joint account with the elderly and benefit from that; the abusers can forge the signatures of the elderly to access money or embezzle funds from their pensions.

Emotional Abuse

Emotional abuse targets the psychological and emotional well-being of the victim. It is seen as giving indirect or direct threats to cause harm and damage to a family member. This type of abuse is difficult to determine because it cannot be seen physically. But despite that, it can be recognized through the actions and words that the abuser uses to embarrass, rebuke, and crush the self-esteem and morale of the person.

A person may be a victim of emotional abuse if their needs and desires are constantly neglected and their self-esteem is devastated through the words and actions of the abuser. There are many ways an abuser can achieve this. For example, to manipulate others, they can threaten to harm themselves if their demands are not met or confuse the victims by distorting and twisting their actions and statements.

However, emotional abuse does not stop here, and it goes beyond this. Children and relatives also face emotional abuse in the form of isolation, maltreatment, and terror.

Isolation

Isolation, another form of domestic violence, is another way of controlling someone they want. For example, to have power and control over a loved one, the abuser keeps them away from their friends, family, and colleagues who may provide protection or give advice against the abuser.

They do this by making themself the center of the victim’s life and deciding on who they can and cannot meet. In this way, the victim is left completely isolated with the only contact with the abuser. In other cases, to avoid friends, family, or colleagues from noticing the bodily injuries sustained due to physical violence by the abuser, the victim cuts ties or avoids meeting with them. They may also stay away to avoid adverse reactions from the abuser.

Stalking

Stalking is the act of unwanted and persistent following of a person. It is a form of psychological and emotional abuse that renders the affected person afraid for their lives. They may also fear harm to their loved ones.

This abuse is very detrimental to the state and well being of the victim. It causes stress, depression, anxiety, inability to sleep, eating disorders, and many more intense feelings. Stalking is usually done by people who want to gain control over someone who has rejected them. It can occur during a relationship or after it has ended as well.

The abusers may utilize terrorizing attitudes by following the victim every day, watching them from a distance, reading their private and personal things like mails, breaking into their house, and more.

How To File A Claim?

Trying to get out of an abusive relationship can be very difficult. But it is something that you do not have to do alone. First, you need to get yourself out of danger by planning to safe places where you can go to protect yourself.

You can also look for people who might help you. Collect evidence pointing towards domestic abuse, such as pictures of injuries, threatening emails, calls, messages, etc. Next, you should contact local centers that help victims of domestic violence; they will offer good advice and protect you.

Contacting a personal injury lawyer can also help you get out of an abusive relationship and protect your rights. With the help of lawyers, you can get restraining orders against the abuser and file claims that will get you compensation for all your pain and suffering.

The victim of any form of domestic violence may file various types of civil claims against the abuser. These include intentional torts of battery or assault, intentional infliction of psychological and emotional suffering.

When the physical injuries are severe, then the claim for physical suffering can be great. The pain and suffering from emotional distress and assault without a battery can also be significant because of what the victim has had. The compensation for damages can be for more than one type of abuse. Even though the pain and suffering from domestic violence are obvious, help from a witness can make your claim more powerful.

These witnesses can testify in the court and help the court in making the right decision for you. Psychologists, psychiatrists, marital counselors, and other such professionals can explain to the court the extent of harm that the victim suffered at the hands of the abuser. They can also testify of the mental health problems that the victim may be going through, such as post-traumatic stress disorder.

Filing a tort claim against the abuser can be more successful and rewarding than the family or criminal court proceedings. Tort claims can help you get immediate divorce from your abusive partner, even after charging the abuse with violence, the victim can get compensated for damages. The victim can get a big share in the marital property at the time of division. The victim determines tort claims; they can get compensation

Tort claims can be used to identify abusers, condemn domestic violence, and create awareness among people that there is a way out of abusive relationships and that action needs to be taken.

Conclusion

Domestic violence can have devastating outcomes in terms of the victim’s psychological as well as physical well-being.  No one has the right to control or abuse you. So if you are a victim of domestic violence, then you need to be brave and take action to protect yourself and your future.

There are many ways to get the abuser charged for the pain and suffering they put you through while also claiming compensation.  So if you are experiencing any of the above forms of domestic violence, you need to get help from experienced lawyers who can give you professional and legal advice and help you protect your rights and interests. After getting the abuser criminally charged for assault, you can increase their punishment by filing a tort claim against your abuser. In this way, you can get your perpetrator punished and get compensated for the damage caused to you.