How to Tell Domestic Violence From Civil Harassment

Abuse can encompass all forms of mistreatment, from physical violence to emotional or psychological violence. Additionally, the courts have recognized two different classifications to organize the various forms of abuse or harassment. Before you can prosecute a case of abuse or mistreatment, you'll first need to tell if it the action qualifies as domestic violence or civil harassment.

Things You'll Need

• Lawyer

Instructions

Recognize the Different Forms of Abuse

1. Understand that any unwanted physical contact can be classified as abuse or harassment. Your body belongs to you and you alone. Physical abuse suffered at the hands of a stranger or acquaintance would be classified as civil harassment, while abuse at the hands of a family member or lover is labeled as domestic violence.

2. Defend yourself against physical or emotional abuse by reporting problem behavior to the police as soon as possible. Many forms of non-violent harassment (such as stalking or unwanted telephone calls or emails) can be considered just as abusive as a punch or a slap. Civil harassment laws will protect you from emotional or psychological abuse from a stranger, while domestic violence laws will protect you from abuse by someone to whom you're intimately connected.

3. Stop sexual abuse by filing charges of domestic abuse or civil harassment. Sexual abuse is a broad term used to describe any unwanted sexual contact, ranging from rape or groping to verbal harassment. Bring civil harassment charges against a stranger or casual acquaintance who commits sexual abuse, and file domestic violence charges against a spouse, lover or family member.

Prosecute Domestic Violence or Civil Harassment in Civil Court

1. Tell the authorities about any cases of abuse. An arrest will be made and you'll be given the opportunity to pursue damages through the civil court system.

2. Gather evidence of abuse as well as any financial losses you may have suffered as a direct result of this abuse. Civil courts are used to right financial wrongs by awarding a plaintiff compensation in cases of civil harassment or domestic abuse alike.

3. Appeal your case directly to the judge. For both civil harassment and domestic violence charges, a judge will single-handedly determine the outcome of a civil case. The case will be decided by a "preponderance of evidence," meaning you won't have to prove your case beyond a shadow of a doubt.

Prosecute Domestic Violence or Civil Harassment in Criminal Court

1. Tell the police if you think you've experienced civil harassment or domestic violence. This will begin the legal process of prosecuting your case in criminal court.

2. Compile evidence to prove you've suffered physical abuse. Take photos of your wounds and identify witnesses that will bolster your case in court. Unlike a civil court, you will need to prove your case beyond a reasonable doubt in the mind of the jury.

3. Ignore any attempt your abuser makes to reconcile the civil harassment or domestic violence charges outside of court. The best way to protect yourself and ensure that he'll get the proper punishment and rehabilitation for his crimes is by seeing a criminal case through to completion.

Tips & Warnings

• Prevent cases of civil harassment from developing by filing for a preventative restraining order. Restraining orders can make it a crime for one person to interfere with another person, even limiting how close you're allowed to be to each other.

• Contact a lawyer to discuss your case. Problem behavior such as harassing phone calls or abusive language could very well be classified as civil harassment, even if you've never suffered any direct, physical abuse. An experienced lawyer can help you understand how to protect yourself from any and all forms of abuse.