Family law has many situations in which a suit can be filed, and domestic violence is one of them. Domestic violence can come in many different forms such as physical abuse, emotional abuse, sexual abuse, financial abuse, and psychological abuse. There are a few steps that can be taken when involved in domestic violence. Get a protection or restraining order, file a domestic violence lawsuit, or file for divorce if you are married to the abuser. If you are a parent, you can try to get custody of your children. It can be easier to deal with the abusive opposing party in court.
Restraining orders, although not foolproof, are designed for the victim’s protection. With a restraining order in place the abuser is still physically able to stalk or hurt a victim, but when the order is violated, the victim can call the police and get the violator arrested. A protection order may consist of different provisions that order the abuser to cease contact with the victim or stay a certain distance away from them and only engage in peaceful contact. It also orders the abuser to move out of a shared home, give up any possession of firearms, attend counseling, or and may include other things that the abuser may or may not be allowed to do.
A victim of domestic violence can file a domestic violence lawsuit against the abuser in a criminal or civil court. Tort laws allow for financial abuse, where someone wants compensation for money damages, to be taken care of through civil legal actions. Once someone has been tried in a criminal court, it is still possible to be tried in a civil court, due to the fact that double jeopardy does not apply there.
Filing for Divorce
If a victim is married to the abuser, they should talk to a skilled divorce lawyer, such as a divorce lawyer in Arlington, TX, to file for divorce. Do not agree to mediation for domestic violence divorce cases. Mediations are for couples who are able to agree about a divorce settlement without the fear of one spouse possibly bullying the other into certain aspects of the agreement. If mediation is not used to come to an agreement about the divorce settlement and child custody is involved, the judge typically favors on the side of the victim, especially if the child was abused as well. If the parents are not married, the mother usually gets sole custody.
Thanks to Brandy Austin Law Firm, PLLC for their insight into how to get out of an abusive situation at home.