The family home is often the scene of domestic violence. The phenomenon is easy to identify. The angry partner imposes his authority and his will on the dependent partner. He is manipulative and wants to control his victim. Spousal abuse can be summed up as an attack on the integrity of one’s spouse. However, this scourge that strikes a good number of households is not a fatality. You can put an end to this nightmare with the help of a specialized lawyer. Discover the importance of the services of an expert in family affairs to combat domestic violence.
What is domestic violence?
The legal definition of domestic violence is a matter of much debate within the research community. Despite their differences of opinion, experts agree on two typologies of domestic violence.
Domestic violence: a means of imposing power
Spousal violence is a means of establishing authority. It can occur at any stage of a couple’s relationship: in a common-law relationship, in a marital relationship or in an extra-marital relationship.
The abuser adopts a variety of strategies to gain control over his or her partner. Also known as intimate terrorism, spousal abuse involves the frequency and escalation of the abuser’s brutality. Both men and women can play this role, but experts note a certain bias towards this profile in men.
The perpetrator uses violence as a weapon to destroy his victim. He chooses his partner because of his accessibility and vulnerability.
Situational spousal abuse: a means of expression taken to the extreme
Situational spousal abuse is used to express oneself. It occurs during occasional conflicts between partners. It is the result of an inappropriate response to exasperation or anger motivated by stress.
Situational spousal abuse is also a sign of poor anger management. It can range in intensity from mild to severe and can occur on a regular basis.
These types of spousal violence share a common purpose. They are acts of brutality perpetrated on the partner.
The notion of “conjugal violence” is always confused with marital bickering. The latter occurs occasionally and gives rise to a few episodes of anger, of course. Nevertheless, it remains tempered. A dispute between a couple is qualified as conjugal violence if it occurs on a regular basis. The tantrums are punctuated by cruelty and aggression (physical, verbal, psychological, etc.).
The hidden faces of domestic violence
An integral part of the social problem, conjugal violence confirms the historical relationships of gender inequality.
What are the different forms of domestic violence?
Domestic violence takes many forms. It is physical, sexual, economic and psychological. Repeated humiliation, threats, insults, harassment and constant belittling belong to psychological violence. The acts destroy the victim from within.
Control over the budget (inaccessibility of income, bank account) and over household expenses is economic violence.
Sexual harassment, touching without consent and sexual assault despite the partner’s refusal are characteristic of marital rape. They are part of sexual violence.
Slapping, hitting and punching with or without physical consequences are physical violence.
What is the cycle of domestic violence?
The cycle of domestic violence is divided into 4 phases: tension, aggression, justification and reconciliation.
In the first phase, the abuser expresses his anger. He raises his voice, shows a threatening look and hurls insults. The victim is overwhelmed with anxiety, but tries to calm the situation. She then weighs her words and gestures to calm her partner down.
If these attempts are unsuccessful, the tension continues into the second phase: aggression. The aggressor brutalizes his partner. He mixes verbal, physical, sexual, psychological and economic aggression. The victim is tormented and feels humiliated and powerless. A feeling of injustice emerges.
The third phase arrives: justification. The aggressor finds every pretext to justify his actions and behaviours. The abuser’s fine words are intended to make the victim feel good and guilty. His psychological strength will determine what happens next. The victim’s acceptance is the final step. If not, the relationship ends.
The final phase: reconciliation expresses the aggressor’s regrets. The perpetrator becomes aware of his or her actions and undergoes therapy in order to heal. The victim, on the other hand, gives the abuser a second chance. In extreme cases, the abuser, drowning in remorse, takes his own life.
What are the consequences of domestic violence?
Shame, confusion, social suffering, doubt about one’s identity are some of the psychological impacts of domestic violence. The victim cannot help but feel guilty, especially if the abuser commits suicide. The people around them also look at the victim in an accusatory way.
The phenomenon also affects children, who are the main witnesses to the violence. The taboo and the silence that reign around the subject increase their incomprehension. Their daily life filled with violence develops in them :
- attention disorders ;
- school problems
- hypervigilance;
- anxiety that can lead to depression
- low self-esteem
- attention problems;
- fear ;
- humiliation;
- shame;
- distress;
- anger.
Family therapy is then necessary to heal the wound.
What to do in case of domestic violence?
The victim and those around her cannot remain indifferent to the phenomenon. They must act as soon as possible.
What to do as a victim?
Precautions should be taken at the first sign of domestic violence. Report the perpetrator without delay. If necessary, seek the help of a family mediator to discuss the situation. If the dialogue fails, seek outside help: a specialized lawyer, a support structure or a psychologist. You can even consult specialized platforms. They will help you to overcome the emotional and psychological shocks of your experience.
In view of the situation, the respect of the duty to cohabit seems difficult (for married or civil union couples). In case of risk, ask a doctor for a medical certificate attesting to injuries related to repeated physical violence. The document will be used as proof in divorce proceedings or in measures of separation.
What should I do as a relative of the victim or witness of domestic violence?
Family, friends and neighbors must intervene if they see signs of domestic violence. Inaction will keep the victim powerless. It will also increase the victim’s guilt.
Family and friends should get closer to the victim. They try to understand her fears, shame and doubts. They break the isolation and maintain contact. If they fear for the victim’s safety, they alert the police.
The abuser’s family cannot turn a blind eye to the situation. Their duty is to reason with the perpetrator through dialogue. If the attempt fails, he or she will notify the appropriate authorities.
What to do in an emergency situation?
In the case of imminent danger, the victim or witness contacts the first emergency services, i.e. the fire department, the police or the medical emergency services. The law enforcement agencies have also set up operational hotlines for this purpose.
If phone contact is risky, consider online services. Fill out the available forms to get expert legal advice.
You can also confide in associations that help victims of domestic violence. They are at your disposal and actively listen to you. They will direct you to the appropriate support structures.
The intervention of a lawyer in a case of domestic violence in Quebec
The victim can use the services of a lawyer to defend herself and put an end to the ordeal.
The importance of a specialized lawyer in a case of domestic violence
Acts of violence affect the well-being of both the victim and her children. She must put an end to it as soon as possible. However, the tedious and time-consuming legal mechanisms can discourage many. The intervention of a lawyer then makes sense.
Her role is to gather evidence to support the facts:
- photos of the injuries ;
- images of the material damage;
- testimonies of the neighbors;
- correspondence reporting insulting remarks (SMS and e-mails) or attacks on integrity.
His experience and knowledge of the field will facilitate the process. His assistance will increase the chances of obtaining rapid protective measures.
Where can I find a trustworthy lawyer to handle the case?
The best lawyers to handle a domestic violence case are not easy to find. Nevertheless, there are a number of ways to find the right legal expert. Discover the list of family law attorneys to deal with family litigation issues.
The word-of-mouth phenomenon is a foolproof technique. It will help you collect contacts of professionals in the field. Ask your friends, family and acquaintances.
There is no shortage of online resources. Digital directories are full of legal professionals who can provide effective assistance. You can also rely on platforms that specialize in connecting lawyers and clients.
Before validating your choice, take into consideration the experience, the field of expertise and the price of the service provider.
What does the lawyer do to help you?
Your lawyer will do everything possible to defend your cause, your integrity and your interests.
Filing a handrail
Filing a police report can be done even without a lawyer present. However, the legal expert will assist you in the administrative procedures.
The operation results from two scenarios. On the one hand, the victim is threatened. His imminent danger prompts him to call the law enforcement agency. On the other hand, she reports her spouse’s aggressive behavior to the authorities. In both cases, she contacts the police and files a report.
Obtaining a Protection Order
To be safe, your lawyer will issue a protection order. It will protect you and your children from the abusive spouse’s attempted physical attacks. The broad outlines of the document prohibit any form of contact with the assailant. It is valid for 6 months, but can be renewed if necessary.
The legal expert sends an application for a protection order to the family court judge. Its validation requires tangible and concrete evidence in addition to reliable arguments.
However, the document is flawed. It does not impose any sanctions for failure to comply with the measures and remains limited in time. This is why your lawyer will have to file a complaint at the police station in order to obtain a trial.
Taking the case to court
The constitution of a solid file is essential to win the case. After registering the complaint, your lawyer collects the necessary evidence (photos, messages, testimonies, work stoppage provided by a psychiatrist…). This evidence will be used to penalize the aggressor, to establish your compensable damage and to define the next steps.
During the trial, the judge can demand the removal of the aggressor, the attribution of the house to the victim and the distribution of the goods included in the common patrimony (if the divorce is pronounced).
What are the sanctions for the aggressor?
The sanctions depend on the seriousness of the act and the after-effects on the victim. The perpetrator of domestic violence can be sentenced to up to 5 years in prison. The sentence is accompanied by a fine of up to $100,000 for physical violence with TIW (Total Disability from Work) of more than 8 days.
Repeated domestic violence is sentenced to 10 years in prison in addition to a $150,000 fine. In the case of rape, the penalty is 20 years in prison.
In addition to these penalties, there are other penalties, such as a ban on carrying weapons and the reduction or even total withdrawal of parental authority over minor children. Only the judge will decide whether to add them to the penalties.
