When Do You Need Domestic Violence Lawyers?

When Do You Need Domestic Violence Lawyers?

Violence is happening between two partners who are in an intimate relationship and also in families.  It may begin with verbal abuse and may rise to pushing, hitting and worse, death.  Sometimes the abuser will be saying sorry and the abused person may believe that the violence or abuse won’t be happening again.  But after some time, it will occur again and may in turn be worse than before.  The abuser will be telling the abused person that no one will believe them.  They will be saying that it is the abused person’s mistake.  However, no matter what the person will do or not do, the abuse will still continue and the abused person will surely become afraid.  The abused person won’t have to face such problems by their own.  Help is always available if they want to leave their abusers.  Domestic violence lawyers are there to help the people who have been abused.  They can provide some legal assistance if the abused person would like to sue their abusers.

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What Is The Meaning Of Domestic Violence?

  • According to law, domestic violence is a situation in which there is an abuse done on the intimate partner or family member of the person. This may include the recent or former partner or the partner they are dating, the person that they have been living with or a relative, marriage or adoption.  This is a kind of violence that divides all cultures, ethnic backgrounds, income brackets, and education levels.  This gives some impact to partners with the same sex as often that those with heterosexual partners.  It often happens on the teenage groups, with senior citizens and with women or men.  Oftentimes, the violence is being motivated by the need to control someone.  It may even turn into threats, annoying calls, stalking the victim, unwanted sexual touching, hitting and damage on the abused person’s properties.

What Can The Law Do To Help The Abused Individuals?

  • If the abused individual is a situation that needs immediate assistance then they can just call 911. If the abuse individual has some children, they can be at risk as well.  When the police are already on the scene of the violence then the abused individual has the privilege to explain all the things that have happened.  The police officers can call an on-call judicial officer and issue the abused person an emergent protective order on the spot.  This can give the abused individual some privilege to legally prohibit the abuser from being on a distance from the abused person.  It may also give the abused person a temporary custody of the children.  To be able to have the protective order for emergent situations, there must be a situation that is really immediate and the danger is present that the child can suffer some domestic violence or that child can be taken away from the parent.   This kind of order will take effect for five court days or that the child will be taken away by the other guardian or parent.  To be able to achieve a restraining order for a longer time, the abused individual must file an application for a restraining order that is temporary at the abused individual’s local family law court.  If the abused person’ application for such is already granted, it will be achieved as soon as the abuser gets a copy of their court papers.  The copy must be delivered personally to the abuser.  The abused person may request the agency for the local law enforcement for their court papers on their abuser for free.  The abused person or anyone protected by the temporary restraining order cannot serve the court papers on their abuser.  Any other adult however may serve the court papers for the abused person.  After filing the application, the court will be giving a date to return for a court hearing about three weeks later.  The temporary restraining order will then be effective after that.  During the court hearing, the abused individual may request that the TRO may be made permanent which may mean that it will be good for up to five years albeit the judge may make order shorter.  This order can be renewed.  Such orders for restraining usually require the abuser to stay on a minimum of 100 yards away from the abused individual, either directly, through others, by phone, email or otherwise.

When Do You Need A Domestic Violence Lawyers And How Can You Find One?

  • A domestic violence lawyer may be needed depending on the situation. For instance, if the abused person is planning to file for a divorce, or facing a custody dispute, or afraid that the children may be in danger because of their spouse, and if there are some types of assets that are at stake.  Settlements for property and arrangements of custody may be complicated.  The ongoing threat of domestic violence only complicates the situation.  The domestic violence lawyer can give some advice on how the court may make divisions on the property and can give some help on the settlement agreement into writing.  The lawyer can also give a hand on the understanding of the legal rights regarding their children, and present their best case for custody and support.  There are some available assistance, a little, or no cost, to file for a temporary restraining order without even hiring a lawyer.  However, a domestic violence case often entails various issues, including the support of spouse, and the property division, in which the assistance of the lawyer could have a crucial impact on the effect.  The only person who knows the extent of the situation will be the abused person.

There are some circumstances that partners may have ups and downs in their relationship.  However, the most important thing is that no one should entail any physical or verbal abuse.  Such cases may really entail violence.  Domestic violence is becoming rampant, but always remember that there are some domestic violence lawyers out there that will be ready to give their help and support.