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Domestic Violence Laws/The Unconstitutional Truth

Updated on May 18, 2014

Domestic Violence

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Domestic Violence laws in the USA

Both the federal government as well and local State governments have passed laws concerning domestic violence. In most cases an Officer of the Law can choose to either give warning to those involved or to arrest one or both in the matter. If arrested in most cases the aggressor is charged with a misdemeanor that is unless the use of a weapon is involved,in which case a felony would be charged against the aggressor.

A Domestic Violence charge can be charged against a spouse, boyfriend/girlfriend living together as a marital couple, a child assaulting a parent and even a parent assaulting a child.

For a misdemeanor charge the result can acquire hefty fines and court cost along with the minimum of 11 months and 29 day probation and a maximum of 11 months 29 days incarceration. For a felony charge the maximum could result in up to 6 years in prison.

There is one more component that follows a person charged with Domestic Violence and that is they lose some of their Civil Rights. I do not mean just while they are in jail or while some Order of Protection is in Affect. One of the Civil Rights a person loses for life is their 2nd Amendment Right, The Right to Keep and Bear Arms.

Anyone can be charged with Domestic Violence for just about any reason. Yelling at someone, hitting a wall, making a threatening statement during a heated argument, restraining another person for ant reason, and actually hitting someone are just a few reasons to be charged with Domestic Violence.

Worship me! You are free to if you choose.

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When did family matters become public issues?

On December 15, 1991 the United States adopted the 1st Amendment to the United States Constitution. This amendment was intended to keep the church and the State separate. The amendment allowed for "Freedom of Religion", and keeps the government from implementing one religion for everyone like it had been in many other countries. Freedom of Religion is not just about being able to believe in any god or gods you want to: But it is about about believing in any god or gods you choose as well as the practice of worship in which you believe, along with the way which you choose to live based on your religious belief.

In essence you can believe in the Flying Spaghetti Monster, and if your belief in this religion means that you beat your wife and children, then you should not be punished by law for living by your religious belief. If your wife does not like your beliefs she has the right to leave and the authorities should be able to assist her with her freedom in leaving, but to punish you for doing what your heart and mind believe you are supposed to be doing.

The UNIVERSAL DECLARATION OF HUMAN RIGHTS

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The Universal Declaration of Human Rights

The Universal Decoration of Human Rights was adopted on the 10th of December 1948 by the United Nations as Human Rights Law. It was later Adopted by the United States of America in 1957. This declartaion goes even deeper into defining our rights as a human.

Article 12.

  • No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

This gives us the right to do as we please within our home without anyone interfering no matter what.

Article 18.

  • Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

This gives us the right to believe worship and live by our beliefs no matter what.


This is my freedom!

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The 2nd Amendment

AMENDMENT II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

It is time to fight for our freedoms!

Don't get me wrong, I do not advocate beating your spouse, but at the same time I do not believe we should by law lose our Right to Bear Arms just because someone does not like that at some point in our lives we may have hit another human being. Lets get real there is a difference from hitting someone and beating their brains out.

In reality they claim these laws are to protect women from domestic violence, but do they. do you really believe that someone who is going to break the law would care if some idiot in a suit or a uniform said they can not have a gun. Criminals have been acquiring guns illegally for years they can stop this from happening. For that matter if they were trying to prevent or protect anyone why would they let people who are felons or just lost their rights over a misdemeanor Domestic Violence charge be allowed to own a black powder gun. These guns can be more powerful then traditional guns and some can even hold six shots giving plenty of chances to kill a person if they wanted.

The bottom line is that these Domestic Violence laws are a direct violation of our Constitutional rights. and according to US law any law in direct violation of the US or State constitutions are considered null and void. So why is it that people are getting punished by these unconstitutional laws? This is because the judges do what they want and do not have to answer to anyone.

I say to you call you local Representative and make the complaint, this is just one small law they affects millions of Americans robbing us our of our rights, our money and our time. In most cases when Officers bring you before the court in cases like this, the charges come from the State and not the victim, and the police are the only witness. The is another one for you. What happened to hearsay being in-admissible in a court of law? Did the police really see the actions you are charged with, if not how can they testify? Never the less this is wrong America and we need to get control of the police and courts before we become a Nazi country.

Freedom

Should Civil Rights be infringed because we do not like the act comited?

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Not the America I want!

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    • StephenFergusonJR profile imageAUTHOR

      Stephen P, Ferguson Jr. 

      4 years ago from Parrottsville, Tennessee

      Starme77,

      I agree with you 100% and can see that we are on the same page on more than one subject. It is a welcome site to see others who are like minded.

    • starme77 profile image

      starme77 

      4 years ago

      I am outspoken about violations of rights, it would be nice if more people were so it is always nice to run across someone who is. The more the merrier :) nice hub

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