Victims of domestic abuse are often hesitant to reach out for help. They may feel trapped because they fear more abuse, or do not have enough resources to figure out how to leave. Victims do have the option to call the National Sexual Violence Hotline, and victims should always call the police if they are in danger of physical violence or threats of physical violence. In addition, a domestic violence attorney can help victims of domestic violence in many ways by doing things that you may be unable to do on your own. If you are a victim of domestic violence who is considering hiring a domestic violence attorney, here are several things the attorney can do to help:
- Obtain a restraining order. A victim of domestic abuse can get a restraining order, sometimes called a protective order. A restraining order can include many provisions which ban the abuser from making contact, coming within a certain distance of the victim, or owning firearms. When police encounter a domestic abuse situation, typically the abusive spouse is ordered to leave the home. The police can also issue an Emergency Protective Order (EPO) which is a short term protection order that remains in effect for a few days, until the victim can obtain a longer term protection order.
- File a domestic violence lawsuit. Most acts of domestic violence result in both criminal liability, and civil liability through tort law. A domestic violence lawsuit allows the victim of domestic abuse to recover damages for any medical expenses, financial loss, or pain and suffering that resulted from the domestic abuse. Since domestic violence is a form of injury, a victim of domestic violence could file a domestic violence lawsuit in civil court under tort law.
- File for divorce. Domestic violence often occurs between spouses. If the abuser is a spouse, your domestic violence attorney can help guide you through the divorce process. The attorney could help ensure that you receive spousal support as well as your share of marital property.
- Work to get custody of your children. Many victims of domestic violence are scared to take action against their abuser, because the abuser is their spouse and the parent of their children. A domestic violence attorney can work to get you custody of your children. A domestic violence attorney can also work to get you child support from the other parent.
Represent you in court and interact with the abusive party. Another reason victims of domestic violence are hesitant to get out of the abusive situation is that fear facing their abuser in court. Your domestic violence attorney can take this fear out of the equation. The attorney can be your advocate in court, obtain and fill out the necessary documents, and deal with the other party throughout the legal process so that you don’t have to. Dealing with a domestic violence situation is exhausting legally and emotionally. A domestic violence attorney can help take some of the burden from you, so you can begin the healing process.
