Domestic violence is a serious issue that affects marital and non-marital relationships alike. Spouses, girlfriends, boyfriends, domestic partners, co-habitating partners, and children may all potentially be victims of acts of domestic violence. Whether you are a victim or have been accused of domestic violence, you need the proper legal representation to assist you in such a difficult time. Although most domestic abuse is directed toward women, anyone may be the victim of these violent acts whether the abuse is physical, mental or emotional. In addition, both civil and criminal courses of action may be sought in domestic violence cases.
What if you have been Accused of Domestic Violence?
You need an attorney who will defend your case by examining all the facts. Legal remedies such as restraining orders or protective orders may be sought against you and an attorney will be able to help you try to get your life back to normal in these situations. Protective orders are directed by a court and prohibit a party, usually the accused, from interacting with the person who has sought the protective order. The main objective of these court orders is to keep further violence from taking place against the victim. Protective orders and restraining orders are difficult to cope with because they will likely restrict your access to your home and/or children. You need legal representation to help you get your life back in some order.
To properly defend someone accused of domestic violence, you need an attorney who can examine all the evidence to determine whether it is sufficient or not to support the charges made, or to have the case dismissed or have the charges reduced. A variety of defenses may be used and defenses vary on a case by case basis. The facts relating to the case may include self defense or a showing of evidence not sufficient to support the claim, and so on.
What if you have been the Victim of Domestic Violence?
We know how difficult a time it can be both physically and emotionally to cope with the situation. To help you achieve the appropriate legal protection, you need an attorney who can take the steps necessary for you to obtain a protective order designed to provide you and/or your child the safety you need while the case is being resolved. Typically, a protective order is a form of relief available after a victim first obtains a temporary restraining order against whoever perpetrated the violence. While both orders are intended to protect a domestic violence victim from their wrongdoer it is a difficult situation. This order can include prohibiting the defendant from coming into contact with the victim; a temporary restraining order is more of an emergency remedy available to the victim to seek the protection they need before a formal hearing. In other words, a temporary restraining order is just what it says, a temporary remedy that can be sought before a more long lasting prohibition on contact can be sought through a protective order.
Remember, you may be a victim of domestic violence even if no physical harm was suffered. You have legal remedies for domestic violence whether you were mentally, emotionally, or physically harmed. Also, when charges of domestic violence lead to dissolution of a marriage or other relationship, a victim may sense a feeling of relief but often times the accused person will become even more upset following the dissolution. This means you need an attorney who has your best legal interest in mind for the current situation as well as in anticipating what protective legal measures may be necessary to protect you and/or your child. In addition to the protective orders already mentioned, seeking further relief through injunctions may help at a time following the breakup. Injunctions are court orders designed to prevent certain occurrences from happening, such as enjoining a former spouse from coming near your child or home, and are a much more serious remedy than a protective order. Keep you and your family safe.
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