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5 Reasons Why You Need an Attorney in a Domestic Violence Case

ByDave Stopher

Apr 12, 2021

Domestic violence is one of those silent crimes that may stay hidden throughout a person’s life. The victim usually finds it challenging to come out with it because of children’s presence, lack of resources, or fear of more abusive behavior.

In case of a domestic assault, victims can contact self-help resources in their state. They should also call the police in case of any threat of physical violence. After filing for a report, a victim can go for a domestic assault attorney to help them with their issue.

Here are some ways that your lawyer can help you, which are otherwise difficult to do independently.

Protection from Police Misconduct:

Make sure to take your attorney when you visit the police department. Police are not usually equipped with how to talk to a domestic abuse victim appropriately and tend to be harsh with their words.

Your attorney can help you from improper police questioning and ensure that you do not face a difficult and traumatizing experience.

When you wish to Drop the Charges:

In some circumstances, victims wish to drop the charges to move on from the process quickly. It may be because of children or to avoid putting a strain on their mental health; they want to avoid a lengthy and tiring court process.

You can contact a lawyer to have the charges dropped against the accuser. If the abuser is a spouse, a domestic violence attorney can also assist through the divorce process, enabling your right to spousal support and your share of marital property. An attorney can also help you obtain child custody and child support from the other spouse.

Filing a Domestic Assault Lawsuit:

A victim needs to file for a domestic violence lawsuit in case of an act of violence. It allows the victim to recover damages, including medical expenses, financial loss, or pain and suffering due to domestic violence.

Having legal help can ensure completing the required documents and dealing with the opposing party in the court trials.

Help you Avoid Testifying:

If the opposing prosecutor moves forward with charges, whether you want them or not, your lawyer can enable you to avoid providing testimony. Your refusal to offer a written or oral testimony won’t lead to the dismissal of the case.

The case can be pushed forward based on other pieces of evidence. Your lawyer can help you protect the aggressive methods of prosecutors.

Filing for a Restraining Order:

A lawyer can help file for a restraining order if you are still in danger of domestic violence. Depending upon your situation, you can ask for a personal conduct order which enables the accuser to refrain from certain actions.

A stay-away order refrains the other person to remain a specific distance away from you. The third type of restraining order includes a residence exclusion order. It serves as an order for the accuser to move out of your shared living home.