- Easily Claimed and Hard to Refute -
This page was last updated on Thursday, November 28, 2013
Lexicographers published the original definition of domestic violence in 1976. The definition was simple, domestic violence is the infliction of physical injury by one household member on another. It includes a repeated or habitual pattern of that kind of behavior. So the problem with this definition was that it was pliable and had nothing to do with the original use and definition of the term. The problem was that was that assault and battery was illegal but defining who was or is a household member is harder to do.
This is especially true when the claimant could say anything she wanted without proof that what she said was true. Not only that, the courts would award all his property to her, after she had stolen it and he gets judgement that the courts would never redeem. That is why domestic violence is a crime that does not require proof that it occurred because neither the officer nor the complainant has to affirm that they have told the truth. So domestic violence became one of those crimes that do not require proof that it occurred. That is why the lack of evidence makes those claims hard to refute.
However today, the definition of domestic violence also includes persons who had resided together in the past, it also includes any person who claims to be a household member. Now it includes any person who establishes their own residency without right or title or payment of rent. The legal term is adverse possession where the illegal possessor may eventually gain title to the property without paying for it. That is how the definition of domestic violence has evolved into encompassing all other kinds of abusive conduct except one, lying to gain an advantage in court. This is the apparent right of women to gain an illegal advantage in court.
Domestic violence includes the abuse of household members and in this definition, or a household member may be any person who lives in the home. So while domestic violence includes, related and unrelated individuals, family violence only includes related individuals. That is why spousal abuse and child abuse are more specific separate charges.
A charge of domestic violence does not require that the accused to have lived with the accuser, it only requires that one household member upon another committed the offense. A household member includes a spouse or a former spouse, a person whom blood or marriage, and those presently residing with another person relate. It also includes persons who had resided together in the past, persons residing as a family, parents of a child, and persons whom marriage relates. Moreover, it includes any person who claims to be a household member. However, these household members must be currently residing, or have been residing together, in the same dwelling. So this person could be anyone who makes that claim after the courts have evicted the real owner from his home.
According to the California Health and Safety Code, Domestic violence means the infliction or threat of physical harm against past or present adult or adolescent intimate partners. It includes the physical, sexual, and psychological abuse against the partner. It is a part of a pattern of assaultive, coercive, and controlling behaviors directed at achieving compliance or control over that partner that also includes the threat of arrest. This is what the mandatory arrest doctrine does and that is extortion.
Edward Steven Nunes