When you enter a relationship or decide to get married to the love of your life, it doesn’t necessarily equate to a happily ever after. Domestic violence charges are more common than you might think. In many cases, victims describe their loving partners changing into abusive ones, shifting the whole narrative of how the relationship was supposed to be. Whether you or someone you know is a victim of domestic violence, you should consider hiring a domestic violence lawyer. A lawyer can help you in several ways to provide you with maximum protection.
While the term usually refers to intentional assault and battery committed by a person against their partner, domestic violence includes several other offenses as well. It is essential first to understand what can be counted as a domestic violence offense to take the necessary action instead of trying to live with it. While you can file a lawsuit against your partner for violence, some of the most common abuses include the following.
Adult Assault and Battery
This is when a spouse, ex-spouse, partner, or family member exhibits aggressive behavior and harms you physically. These actions hold great importance in the court and are non-negligible. In other words, you have the potential to win the case. Even if you don’t have any physical marks, there are other ways to prove assault that you have been a target of, and your lawyer can collect evidence for such cases.
An intimate partner can also cause emotional trauma and distress. While this is not easy to prove, your lawyer can gather evidence and prepare a case for you, depending on the subjective situation that you have been a part of. It is possible and utterly essential to file a lawsuit for emotional abuse because the trauma will affect your whole life and day-to-day activities. You will also need professional therapy to help you heal from trauma. Knowing that you have got legal matters covered by an experienced domestic violence lawyer, you can focus on getting better.
This happens when one partner intimidates the other and stops them from working, completing their studies, or hindering their financial growth. In other words, your partner is making you financially impaired to be dependent on them for all your needs. This is also considered a serious crime and should be dealt with accordingly. You can seek legal help to protect your rights and not lose the ability to be financially independent.
Child abuse can be too severe and have lasting effects on a child’s upbringing. They will never be able to forget it, and their future can be impaired as well. Thus, it is significant that as soon as you realize that your partner is directing their anger towards your child, contact a lawyer to fight your domestic violence case. Since your child’s life is at stake, you should not think about giving them a chance. Whether it is physical or emotional abuse, you need to report it immediately.
Lastly, any sexual act can be considered sexual abuse without consent. Marital rape is also a part of this category; if you do not want your partner to be physically intimate with you at any given moment, they cannot force it. It will be counted as harassment and is very much a part of domestic violence. It would be best to report it at your earliest so that the forceful behavior could be stopped before it gets out of control.
How a Lawyer Can Help
Depending on who the abuser is and what type of domestic violence they are subjecting towards you, you can consult with an experienced lawyer and pursue one of these or other options available.
If you are in a relationship with someone who is committing domestic violence of any sort towards you, you can request a restraining order to be passed in the court. Once the order is given, the abuser will not be allowed to come anywhere near you. From your house, place of work, to even a grocery store, they cannot come in close contact with you or talk to you. The restraining order, which is also known as a protection order, will include firearms. The abuser is not allowed to possess firearms or has to surrender if they have it on them. If the case is of child abuse, you can get the order for you and your child.
Divorce or Legal Separation
Getting a divorce from a perpetrator can be made easier if you seek legal help. A lawyer can prepare a solid case for you to file for divorce or legal separation from your abusive spouse without their consent. You and your lawyer will be able to better guide you about the process, based on your situation.
The court always keeps the safety of the child as a priority in a separation case. Even if the abuse was limited to you only, you would not want your child to be with your spouse. Aggressiveness can be perpetuated in different forms at various moments. You do not want to leave your child with an abuser. A lawyer can help file a case where you can get child custody along with child support. You can also fight domestic violence by requesting that your abusive partner does not get to meet your child.
Claiming marital property on your own can be complicated if you do not have a lawyer by your side, especially if you want to seek divorce due to domestic violence charges. You might even agree to giving up your right to the possession of the marital property to get rid of the abuser. This is not the right way to go about such a case. It can be difficult for you to raise your child on your own without having a backup,. Hiring a lawyer can help you with all such scenarios as they will work towards getting you a deal that is best for you.
While most domestic violence cases are genuine since no one would want to be in a vulnerable position such as that of a victim, there can be an instance where you are falsely accused of domestic violence or a scenario where your spouse is exaggerating the case. You should be aware that the charges against domestic violence are severe, and you do not want to pay the price for something you haven’t done. In such a situation, you need a lawyer by your side to deal with it professionally.
Once you have hired the best criminal defense lawyer for your case, you can focus on other things that need your attention, including consoling your child, getting therapy, and becoming a part of self-help programs. You need to take care of yourself and start afresh so that one bad experience does not make you suffer for the rest of your life or affect your child’s well-being. For further information and to discuss your case with our experienced domestic violence attorneys, contact us today.