Dating violence laws

16-Jan-2018 09:40

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Domestic violence happens when the defendant and the victim have a special relationship and the defendant commits particular crimes against the victim.

The minimum term of imprisonment imposed “shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the first degree.” SECOND DEGREE DOMESTIC VIOLENCE – Code of Alabama Section 13A-6-131 A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree, intimidating a witness, stalking, burglary in the second or third degree, or the crime of criminal mischief in the first degree and the person has one of the special relationships listed above with the victim.

Domestic violence in the second degree is a Class B felony and the possible sentence is 2-20 years, except the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection.

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The literature on IPV among adolescents indicates that the rates are similar for the number of girls and boys in heterosexual relationships who report experiencing IPV, or that girls in heterosexual relationships are more likely than their male counterparts to report perpetrating IPV. stated that, unlike domestic violence in general, equal rates of IPV perpetration is a unique characteristic with regard adolescent dating violence, and that this is "perhaps because the period of adolescence, a special developmental state, is accompanied by sexual characteristics that are distinctly different from the characteristics of adult." Wekerle and Wolfe theorized that "a mutually coercive and violent dynamic may form during adolescence, a time when males and females are more equal on a physical level" and that this "physical equality allows girls to assert more power through physical violence than is possible for an adult female attacked by a fully physically mature man." Regarding studies that indicate that girls are as likely or more likely than boys to commit IPV, the authors emphasize that substantial differences exist between the genders, including that girls are significantly more likely than boys to report having experienced severe IPV, such as being threatened with a weapon, punched, strangled, beaten, burned, or raped, and are also substantially more likely than boys to need psychological help or experience physical injuries that require medical help for the abuse, and to report sexual violence as a part of dating violence.Being charged with the crime of domestic violence can be confusing.There are several different ways you can be charged.Girls are more likely to report committing less serious forms of IPV, including as a means of self-defense, whereas boys are more likely to report committing more severe acts of IPV, including threats, physical violence and controlling a partner.

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Other research indicates that boys who have been abused in childhood by a family member are more prone to IPV perpetration, while girls who have been abused in childhood by a family member are prone to lack empathy and self-efficacy; but the risks for the likelihood of IPV perpetration and victimization among adolescents vary and are not well understood.

This fact begs the question of whether abuse should be evaluated based on “severity” and how that can and should be measured, or if all abuse should be considered equally harmful.

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