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Domestic Violence – Fighting Back With a Lawyer

Domestic Violence – Fighting Back With a Lawyer

How Can an Attorney Help?

divorce attorneysDomestic violence is a crime in the United States. It is defined as any act of battery, simple battery, assault, simple assault, criminal trespass, stalking, damage to property, or any felony crime perpetrated by one person against another that fits into the definition of a domestic relationship. Most states define a domestic relationship as past or present spouses, children and parents, stepchildren and stepparents, foster children and foster parents, or any other person who is currently or has ever resided in the same home. Divorce Attorneys can help you understand these laws.

That means that anyone who assaults a person whom they used to live with at some point in their lives, has committed an act of domestic violence. Studies show that victims of domestic violence leave their spouses several times before they actually manage to escape from the situation. Often, they are afraid to leave because their abuser has told them that they will lose their children. The truth is that under current law, the person who is the abuser in a domestic violence situation is most likely the person who will lose custody of the children.

Who Can Help?

Victims of domestic violence can get help through many agencies. Working together, the police, courts, and prosecutors can help protect the victim while the victim explores options to get away. One of the first calls that a domestic violence victim needs to make is to good divorce attorneys. Divorce attorneys can help the victim of domestic violence protect their interests and maintain custody of their minor children.

Who Will Protect Me?

Domestic violence flourishes in a world of secrecy. Once the victim begins to expose the actions of the abuser, the abuser loses their power to torment the family. The danger is not only in the abuser him or herself, but in the emotional effect the abuse can have on children in the family.

Recent studies demonstrate that in 50-70% of cases where a parent is abused by their spouse that spouse also abuses the children. Children from violent homes often suffer emotional, cognitive, developmental and behavioral impairments. There are even some studies that suggest that children, especially boys, who are exposed to domestic violence at home will grow up to be abusers. (Texas RioGrande Legal Aid, 2003) The only way to stop the cycle is to act.

Call the police when a domestic violence incident is happening. New protocols for police officers require that they take some form of action and document the steps that they took to prevent a recurrence of violence. Statistics show that domestic violence victims who are seriously injured have left and returned to their situation numerous times before they either leave or are killed. Victims of domestic violence can survive and remove their children from an environment that is dangerous by leaving the home. Victims often feel that there is nowhere safe for them to go and that the police cannot be trusted. Battered women and family shelters are designed to give families a safe haven. Shelters like these are key to stopping domestic violence and exist solely to help the victims outside of any court system.

Will the Law Help Me?

After the police have gotten involved and the victims are safely living apart, prosecute the abuser when the case comes to court. If the abuser violates a court order, report it to the court that made the order. Stay away from the abuser and call a divorce attorney to help you formulate a plan to recover from the situation that the abuser created. An attorney will build yet another layer of protection for both the safety and financial well-being of the family.

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