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RELATIONSHIP VIOLENCE
What is relationship violence? | Examples of relationship violence | Federal and Georgia laws
What is Relationship Violence?
Relationship violence is abusive behaviors used to maintain power and control over an intimate partner. The abuse can be physical, sexual, psychological, verbal or emotional. Relationship violence can occur between couples who are or have been dating, living together, or married. It can occur in opposite-sex as well as same-sex relationships. Relationship violence is sometimes called intimate partner violence, domestic violence, or dating violence. Relationship violence is not part of a healthy relationship.
Examples of Relationship Violence
Name-calling, insulting, and humiliating are forms of verbal and emotional abuse.
"He always put me down in front of others. He would say, 'You're a stupid slut.'"
"My partner has a short temper and will cuss at me until I cry, but then apologize the next day."
Isolation and domination are forms of psychological abuse.
"My boyfriend would always tell me that he was the only person I needed in my life."
"My partner makes all the decisions about what we do."
Stalking, possessiveness and extreme jealousy are forms of psychological abuse.
"He would constantly call me to see what I was doing and where I had been."
"My girlfriend accused me of cheating every time I talked to another girl."
Threats, manipulation and intimidation are forms of psychological abuse.
"While we were arguing in the car, my partner began driving in a way that scared me."
"My boyfriend threatened to kill himself if I broke up with him."
Pressuring or forcing sexual activity, engaging in sexual activity while your partner is sleeping or unconscious, and the unwanted use of physical force in sexual activity are types of sexual abuse.
"We had sex whenever he wanted to, even if I didn't."
Throwing objects, kicking, punching, slapping, pushing, biting, hair-pulling, using weapons, forcing drug or alcohol use, withholding money, food or other necessities, and homicide are types of physical abuse.
"Whenever I did something he didn't like or even if I looked at him the wrong way, my boyfriend would hit me."
"He wouldn't let me eat hardly."
Federal Laws
TITLE 18 > PART I > CHAPTER 110A
§2261. Interstate domestic violence
(a) Offenses. -
(1) Travel or conduct of offender. - A person who travels in interstate or foreign commerce or enters or leaves in Indian country with the intent to kill, injure, harass, or intimidate a spouse or intimate partner, and who, in the course of or as a result of such travel, commits or attempts to commit a crime of violence against that spouse or intimate partner
(2) Causing travel of victim. - A person who causes a spouse or intimate partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such a conduct or travel, commits or attempts to commit a crime of violence against that spouse or intimate partner
§2266. Definitions
In this chapter:
(7) Spouse or intimate partner. - The term "spouse or intimate partner" includes -
(A) for purposes of -
(i) sections other than 2261A, a spouse or former spouse of the abuser, a person who shares a child on common with the abuser, and a person who cohabits or has cohabitated as a spouse with the abuser; and
(ii) section 2261A, a spouse or former spouse of the target of the stalking, a person who shares a child in common with the target of the stalking, and a person who cohabits or has cohabited as a spouse with the target of the stalking; and
(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the state or tribal jurisdiction in which the injury occurred or where the victim resides.
Georgia Laws
Relationship violence is illegal. Physical violence such as simple assault, aggravated assault, simple battery, and battery are illegal in Georgia. False imprisonment, terroristic threats and criminal damage to property are illegal, as is stalking.
Georgia State Law on Relationship Violence
Simple Assault - §16-5-20
A person commits the offense of simple assault when he or she either: 1) attempts to commit a violent injury to the person of another; 2) commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
Any person who commits the offense of simple assault shall be guilty of a misdemeanor.
If the offense of simple assault is committed between past or present spouses...the defendant shall be punished for a misdemeanor of a high and aggravated nature.
Aggravated Assault - §16-5-21
A person commits the offense of aggravated assault when he or she assaults: 1) with intent to murder, rape, or to rob; 2) with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in seriously bodily injury; or 3) a person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
A person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one year nor more than 20 years.
If the offense of aggravated assault is committed between past or present spouses...the defendant shall be punished by imprisonment for not less than three nor more than 20 years.
Simple Battery - §16-5-23
A person commits the offense of simple battery when he or she either: 1) intentionally makes physical contact of an insulting or provoking nature with the person of another; or 2) intentionally causes physical harm to another.
A person convicted of the offense of simple battery shall be punished as for a misdemeanor. If the offense of simple battery is committed between past or present spouses...the defendant shall be punished for a misdemeanor of a high and aggravated nature.
Battery - §16-5-23.1
A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. The term visible bodily harm means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
A person convicted of the offense of battery is guilty of a misdemeanor. Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than 10 days nor more than 12 months, by a fine not to exceed $1,000.00, or both. Upon the third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
If the offense is committed between past or present spouses...the defendant shall be guilty of and punished for a misdemeanor. Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
Aggravated Battery - §16-5-24
A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
A person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.
If the offense of aggravated battery is committed between past or present spouses...the defendant shall be punished by imprisonment for not less than three nor more than 20 years.
False Imprisonment - §16-5-41
A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such a person without legal authority.
A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than 10 years.
Terroristic Threat - §16-11-37
A person commits the offense of terroristic threat when he or she threatens to commit any crime of violence, to release any hazardous substance...or to burn or damage property with the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience. No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated.
A person convicted of the offense of a terroristic threat shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.
Also see the University of Georgia Relationship and Sexual Violence Policy. |