Have you or someone you know been a victim of physical abuse? If yes, then your best recourse is to seek a legal address.
A significant part of finding the right abuse lawyer involves familiarizing yourself with the relevant jargon. Although you won’t necessarily be applying these words in a court of law, understanding the meanings of common abuse terminologies can help you keep up with the facts of the case.
Here are the five essential legal terms commonly used in physical abuse cases.
1. Physical Abuse
Physical abuse is one of the numerous forms of violence prosecutable by law. It involves the deliberate infliction of bodily harm.
Physical abuse may also take numerous forms. Common ones include slapping, kicking, shoving, pinching, choking, and restraining the victim using chains, cuffs, drugs, etc.
It’s important to note that any of these acts constitute physical abuse, whether it was provoked or not. In other words, if you’re embroiled in a heated verbal altercation with someone and they resort to shoving you to the ground, you may want to prefer abuse charges against them.
Contact a professional abuse lawyer immediately after the fact, as your odds of winning the case are higher if any injuries sustained are still fresh. For instance, the ongoing Dr. Brock lawsuit will likely result in the conviction of the disgraced obstetrician-gynecologist if the victims sought legal help immediately after the alleged sexual misconduct occurred.
Moreover, note that physical abuse doesn’t always have to result in visible or even internal injuries. In the absence of both, surveillance cameras and witness statements can come in handy.
2. Intimate Partner Violence (IPV)
One of the most widely-held misconceptions about physical violence is that spousal fights don’t amount to abuse. Nothing can be further from the truth.
All forms of physical violence can constitute abuse, regardless of the victim-perpetrator relationship. That brings us to another common legal term used in abuse cases – IPV.
IPV, or intimate partner violence, refers to violence or aggression that involves people in a romantic relationship. The parties in IPV may be current partners, former spouses, or those dating.
However, intimate partner violence doesn’t have to be overt. Any behavior that causes the victim physical, sexual, or psychological harm constitutes IPV. Those include but are not limited to slapping, sexual coercion, psychological torture, and controlling behaviors.
Note that the law makes no exception when prosecuting IPV cases. So, even if abuse occurs in the wake of a vacation or honeymoon, the perpetrator can still face the full wrath of the law.
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3. Honor Based Violence (HBV)
The term ‘honor-based violence’ is a classic legal misnomer, as there’s no honor for people who willfully harm others. So, how did the word come about?
In honor-based violence, the abuser inflicts harm on the victim with a view to enforcing certain rules, beliefs, or values that they hold so dear.
Most HBV perpetrators are persuaded that violence is the best strategy to get the victims to uphold their rules. Common motivations include unfaithfulness, loss of virginity before marriage, and refusal to enter an arranged marriage.
Homosexuality and refusal to conform to certain cultural norms, particularly with regard to dress and adornment, may also trigger honor-based violence.
Usually, in addition to violence or in instances where the nonconformist party cannot be reached, they may be ostracized from society.
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4. Misdemeanor versus Felony Abuse
Physical abuse, like all crimes in the United States, may be classified as a misdemeanor or felony, depending on the extent of harm inflicted.
Misdemeanors are less severe and punishable by fines or short jail terms in local prisons. In some cases, the victim may resort to an out-of-court settlement.
Meanwhile, felony abuse are forms of abuse that result in grievous bodily harm. Penalties typically include thousands of dollars in fines and compensations, reasonably longer prison sentences, or both. Perpetrators may further be slapped with restraining orders.
Examples of felony abuse include aggravated assault and murder.
However, the line between misdemeanor and felony abuse can get blurry real quick. That means even a mild kick in the butt may constitute a felony depending on the other factors at play, such as if the perpetrator threatened further violence or if they aren’t a first-time offender.
5. Guardian Ad Litem
A guardian ad litem is a person appointed by a court of law to represent and safeguard the interests of an incompetent party in a legal proceeding, usually a minor or a person living with a disability.
The word derives from the Latin phrase “ad litem,” which translates to ‘for legal action.’
Where a child is the victim of physical abuse (particularly from one or both of their parents), it’s imperative that the court appoints a guardian ad litem to represent their interest.
It’s also important that the assigned advocate be a specialized and practicing abuse lawyer. Their mandate is to conduct investigations into the case, evaluate the findings, and submit periodic reports or recommendations.
Summary
Physical violence can come in various shapes and forms. While it pays to understand the relevant legal jargon, the most important thing is to contact a professional abuse lawyer as soon as possible.
The attorney will endeavor to familiarize themselves with the facts of the case and institute legal proceedings on your behalf. Their knowledge of abuse matters will especially come to bear in bringing the perpetrators to justice.
Besides, they’ll help to negotiate compensation that’s commensurate with the severity of physical harm, financial losses, and emotional trauma sustained during the abuse.
