Family violence

February 17, 2025
Family violence

Family violence can be a very difficult topic to discuss, and many individuals have a hard time discussing this issue with their lawyers. However, it is important to do so. Family violence is any form of abuse, mistreatment or neglect that a child or adult experiences from a family member, or from someone with whom they have an intimate relationship. Family violence ranges from physical and sexual abuse to emotional abuse.

Researchers have identified five different categories of spousal violence:

1. Coercive Controlling Violence or Episodic Battering

  • Repeated cycles of tension building, violence and then a “honeymoon” phase. This is commonly referred to as the “battered woman syndrome”.
  • This is the most emotionally damaging and physically dangerous type of spousal abuse.
  • The severity of the violence may escalate after separation.

2. Violent Resistance

  • One partner, usually but not always the male, initiates the violence, but the other partner responds, sometimes using more force than the initial attack. Legally, this is known as “self-defense”.

3. Common Couple Violence

  • One or both partners resort to violence during occasional arguments. This can be referred to as “mutual violence”.
  • There is usually no pattern of escalation.
  • The physical violence reflects an inability to control anger as compared to a pattern of psychological dominance and control.

4. Separation Endangered Violence

  • There is no violence during the relationship, but one or more acts of violence occurs around the time of separation.

5. Mental Health Conditions Resulting in Violence

  • Unpredictable attacks by one spouse based on disordered thinking and the abuser is suffering from a serious mental health condition such as psychosis, schizophrenia or depression.

 

Spousal abuse not only affects the people involved in the acts but is also very harmful to children who witness their parents engaging in such conflict. If you are experiencing spousal abuse, please contact your local police department. The primary response to family violence is through the criminal justice system. However, there are also family law remedies that may be available. It is crucially important for individuals to mention any form of family violence to their lawyer for appropriate measures to be taken for the victim and the children.

Contact Melekhovets Law today to learn more about how we can help you navigate your family law issue.