Domestic Violence

- Women have a lower standard of proof than Men -

This page was last updated on Thursday, January 30, 2014


Domestic violence was first defined about 1976 but it definition was broad. It said that domestic violence was the infliction of physical injury by a family or household member on another. The California Health and Safety Code states that domestic violence means the infliction or threat of physical harm against past or present adult or adolescent intimate partners. It includes physical, sexual, and psychological abuse against the partner. However, assault and battery was illegal but defining who was or is a household member is harder to do.

The problem with this definition was that it has nothing to do with its original use. 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 family or household member. Now it includes any person who establishes their 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, the dubious right of women to gain an illegal advantage in court. It is now a form of extortion and so domestic violence includes the abuse of any person who does not belong there. That is why domestic violence is a crime that does not require proof that it occurred but it should. Moreover, neither the police nor the claimant has to affirm that they have told the truth. So current law presumes that a man is guilty of domestic violence without any proof or evidence and the result is that he loses his home and his possessions while his accuser goes free.

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.

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 because current law presumes that a man is guilty of domestic violence without any evidence to support that presumption. The result is that he loses his home and possessions while the accuser goes free.

A charge of domestic violence does not require that the accused to live with the accuser, it only requires that a family or household member commit the offense. So the definition includes persons who had resided together in the past, persons residing as a family, parents of a child, and persons related by marriage. It includes any person who claims to be a family or household member or former spouse. As the law stands today, women have the right to claim abuse without any proof. Moreover, she gets the home and property while the wheels of justice slowly creak to the conclusion that she had lied. This may become a Fourteenth Amendment issue because women have a lower standard of proof than men.

Edward Steven Nunes

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