Dealing With Domestic Violence And Family Law

Dealing with a court case is difficult. And it is even more so when dealing with a family court case. One of the most common that involves families is domestic violence. As would be expected, victims should be encouraged to stand up against such an offense. However, the family law that deals with domestic violence is as not as friendly as would be expected. For the most part, it is especially risky to victims. Aside from other difficulties the victims have to be faced with, the law requires victims to secure criminal case documents against the offender. In which case, domestic violence victims should be careful in making decisions from the filing of the case to the rest of handling the demands of the proceedings.

Aside from dealing with the case emotionally coupled with the shame of having to face such an issue, the victims also have to deal with legal aspects. There are many things to understand. Such elements can either make or break the chances in court. So it is important to have a better understanding of the law. In this regard, having a dependable legal counsel will be of great help.

A clear understanding of the family law and court limitations with regard to handling domestic violence cases should be established. Along with the hired lawyer, the victim should see to it that enough evidence is secured and duly presented in court. Of course, the defendant will have the chance to present or counter the accusations and can also present their own evidences against the victim. In this case, the victim should be prepared to make a defense for any possible accusations which may be presented in court.

As a prerequisite to filing for a domestic violence case, a criminal case should be duly filed. The victim should ensure that the police or the DA have the corresponding proof against the abuser. If none is filed, the victim should absolutely make a police report of the criminal act.

If things are particularly difficult just filing for the case, it will become even tougher during the case proceedings. Hence, extensive preparation is called for. The family law and the way victims are protected can be discouraging and it certainly involves legal complexities. This is why treading the case alone is not recommended. Having a dependable and credible lawyer for back up and guidance will be of great help to get through and possibly win the case.

Introduction to Domestic Violence Charge

An argument or kind of injurious actions in a relationship may result in getting charged with domestic violence. Though there could be a difference between the terms domestic violence and domestic abuse, these can lawfully hold the same or comparable charges. A person is liable for immediate arrest when committing a physical violence against his/her spouse/partner. Emotional, verbal or psychological abuse for an extended period of time may also suffice for being charged with domestic violence.

If the abused person opts to take action amounting to charges, the negative and abusive behavior of the abuser may get intensified. Getting imprisoned and facing jail term, losing the child’s custody or restraining may be issued by the court against such charges.

Domestic abuse can be defined as a rude or insulting behavior towards a spouse or a partner in relationship. Generally, such behavior embraces vilification, exploitation and extreme control by one of the partners. Abusive behavior means threats, name calling or not fulfilling financial requirements. When an abusive behavior turns physical, it is often treated as domestic violence.

In the US, many states have included specific protections and responses for reporting domestic abuse. Physical beating, kicking or other types of mugging can lead to getting arrested and charged with domestic violence. Even threatening actions or words can suffice for taking legal action against the suspected abuser. A spouse who is separated from his/her partner on charges of domestic violence can seek protection under the stalking laws. The charges and the sentence awarded to the abuser would depend on where the crime was committed, and the extent of damages caused.

If a person is not aware of the laws, he/she could inquire the police station in incognito. Those in power may look for reasons for proposing and issuing charges of domestic violence. Usually, action is taken for protecting the abused spouse before taking steps for arresting the abuser. In case police is called in when the domestic abuse is continuing, generally one of the involved partners is taken away from the scene of action for a definite period of time, or he/she may be arrested for being kept in custody for presenting before court.

Usually, much before making a violence charge, the abused person could have explored the possibilities of walking out of the abusive relationship. Generally, it is advisable to seek the help of some dedicated program. Hot lines are included in phone books, enabling people facing domestic violence to seek police help. It is imperative, and always proves helpful to remove one partner from the site of violence. Such an action frequently proves to be of immense help in preventing disastrous consequences.

Ask A Domestic Violence Lawyer: Taking Time Off Work

For those who are victims of abuse from an intimate partner, the right to take time off from work is provided under federal law. In some situations, state laws may also provide extended leave for employees who are injured due to abuse. It is best to consult a domestic violence lawyer if the workplace does not comply with laws provided.

What Is Domestic Violence?

Domestic violence can be defined as the mental or physical abuse inflicted by a partner. It can often deter the victim from going to work, whether it is for the purpose of obtaining medical assistance or to move to a safer location. Time off may also be required if one person damages or sabotages the others ability to get to work, such as vehicular damage or withholding access to cash.

Because of the increased amount of time away from work that is required to deal with these situations, many states have chosen to adopt domestic violence leave laws that provides time off for victims. In addition to utilizing the Family Medical Leave Act, which provides up to 12 weeks off per year to handle personal or family medical ordeals, these specialized laws permit victims to take time off to attend court proceedings.

Statewide Domestic Violence Leave Laws

The states that currently have these laws in place are very similar in what they cover, but there are variations.

For instance, some may vary in the length of time they offer. Some states provide a set amount of days off while others simply stipulate that a “reasonable amount of time” away is adequate. Other states only require that an employee not be fired due to absence stemming from a domestic abuse incident.

The stated reason for being away is also a consideration that varies. The list of covered activities is different, but may include all or some of the following: seeking mental or emotional counseling, seeking a domestic violence lawyer, going to court, or seeking a restraining order.

In addition, each state has different requirements for the application process. Some employers may need significant notice and extensive paperwork. However, there are typically stipulations in place for emergencies when notice is not an option. Other areas may require written proof for being absent.

The issue of paid days off will also depend on your location. No state requires employers to pay employees for time off. Employees may be able to use accrued hours from vacation or sick days before taking leave.

When dealing with abuse situations, it is crucial to work closely with a domestic violence lawyer to ensure total safety from an aggressor. They can also advise when a victim may need to take time off to deal with all that is necessary in these cases.

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What A Victim of Domestic Violence Can Do

Domestic violence is a very personal and painful experience, and it requires handling by trained professionals who are experienced and compassionate. The first step in a domestic violence case is to protect the victim from any more abuse. This can be done with court orders that can be obtained with the help of an attorney who specializes in family law.

Domestic violence law in California defines domestic violence as the following:

o Threats of injury by hitting or using a weapon
o Actual physical behavior that hurts the person
o Forced sexual behavior and harassment
o Psychological abuse that deflates a person’s self esteem or attempts to control the person
o Stalking or cyberstalking

If any of these actions occur, law allows a victim to request a protective order from the court to stop the abusive behavior. These protective orders can be sought for an abusive spouse, but they can also be obtained against a sexual partner, family member or roommate. It is best to request one of these orders as soon as possible after the abuse occurs, since courts are more likely to provide orders on an emergency basis in these cases. However, a delay in reporting the abuse should never be a reason for not reporting it at all, since domestic violence law allows victims to file for protection at any time in the process.

A protective order in these cases usually consists of a temporary restraining order or TRO. These orders will prohibit the other person from approaching the victim at home, at work or over the phone. The order may also force the spouse to go into counseling and prohibit him from purchasing a firearm. The order may even extend to children and others living in the home if their safety is also at stake. If the person violates the restraining order in any way, the police can be called and an arrest can be made.

According to law, these restraining orders are registered in a statewide database. This makes it much easier to track and respond to abusers who choose to violate those orders in any way. If someone has a need to seek a restraining order, the best approach is to contact an attorney who is well versed in domestic violence law to help with the process. This professional can also help to ensure that the order is enforced and that appropriate measures are taken if it is violated.

Domestic violence is a painful situation that happens far too often. However, there are steps that can be taken to ensure that abuse of any kind that is inflicted on a victim is stopped once and for all. Under law, a restraining order can be placed to protect the victim and the rest of the family if necessary. If you have been the victim of any sort of domestic abuse, contact a family law attorney right away to find out what your rights are and how to make the violence stop.