Are The Laws Becoming More Fair?
Domestic violence laws are in place to protect victims from their abusers. However, they tend to be gender-biased toward protecting women from men. To maintain fairness for all victims, including men and those in same-sex partnerships, controversial legislation has significantly changed.
The provisions have recently been updated in laws of many states defining victims of abuse to include men and LGBT couples. The goal is to improve justice for those who are physically, psychologically, and verbally abused, or unarmed and dominated by the threat of a weapon.
When a victim reports domestic abuse, the law often errs on their side. All too frequently, that means the abuser is guilty until proven innocent. Fraudulent abuse claims may result in a person being unfairly removed from the home and forbidden contact with the children.
Most states define domestic abuse as physical, emotional, or psychological abuse or intimidation of an intimate partner. However, there is a broad perception of what constitutes abusive actions. Often, men are the victims but courts tend to overlook female abusers.
Although the laws in most states are basically the same, there are differences in the severity of the offense and the punishment. For example, Texas law arranges their assault laws in different classes ranging from a class C misdemeanor (minimal citation) to a Class A misdemeanor with large fines and up to a year in jail. To counter these types of charges, legal counsel such as a San Antonio domestic violence attorney is recommended to protect the rights of alleged abusers against unwarranted claims.
A domestic violence attorney can also provide assistance for any victim of abuse, regardless of their gender or relationship status. The ultimate goal is gender neutrality in the application of domestic abuse laws and provide protection for those in danger.