How Can a Domestic Violence Lawyer Help You?
Being in an abusive relationship is scary for anyone. This is why when seeking help, hiring a domestic violence lawyer is ideal.
Read the importance of not handling this on your own here.
Introduction
Domestic violence is a serious issue in the United States. In fact, nearly 20 people experience this devastating crime every minute – that equates to nearly 10 million people every single year. One in four women, and one in seven men, will suffer physical abuse at the hands of a partner at least once in their lifetime.
The fact that victims place nearly 20,000 calls a day to local and national domestic violence hotlines is a testament to just how serious these numbers really are. But despite the fact that it feels as if victims have so much help, many find themselves lost, alone, and unsupported by the very system that’s designed to protect them.
If you’re struggling to escape an abusive ex, or you feel like you aren’t getting any traction from local law enforcement, it may be time to seek legal advice.
Here’s how a domestic violence lawyer can help.
Being victimized by domestic violence is difficult enough. Trying to navigate a system that often feels like it punishes victims, rather than supports them, is even more challenging. Unfortunately, this kind of scenario is also extremely common.
The issue, here, is that the legal system is built for experts, not for the average person. Laws are complex, difficult to understand, and frequently riddled with potential loopholes that make it difficult to argue your case. Add to this the fact that many people still don’t take intimate partner violence seriously. You then have a recipe for a lot of stress and heartache.
You may struggle to get help from local police, run into roadblocks, or even have authorities question your side of the story despite the fact that it’s true. In all cases, a lawyer can help you interpret the law and find your best path forward. And if you do run into issues, they’ll be by your side to help you in the fight for justice.
Help Getting a Restraining Order
In the state of California, victims of domestic violence have the right to seek out a restraining order. Typically, there must be some kind of proof that you’ve been victimized before the courts will agree. This can leave people who have been abused, yet have no visible signs of proof (e.g., bruises) at a disadvantage.
Issues can also occur if the person you wish to seek the order against denies all claims against them. In some cases, they may even attempt to manipulate the courts into believing YOU are the aggressor instead. As a victim, you may be left struggling to prove your own innocence, much less the fact that you need protection.
Lawyers specialize in identifying evidence and structuring it for presentation in a way that the courts can understand. They also have a keen eye for gaslighting and manipulation, which may provide a stronger defense against these tactics.
Representing You in Court
While it’s difficult to think about, the truth is that many domestic violence cases end up in the courtroom. Victims are often called to testify when charges are filed, helping prosecutors ensure that abusers are held responsible for their crimes. Or, they may need to attend court with an abusive ex for other reasons, such as divorce, the separation of assets, or even custody of children.
Representing yourself in court is almost never advised. With the exception of small claims court, which does not allow for legal representation, you should work with a domestic violence lawyer who can help you through this process. Not only can he or she represent you in court, but they will also know how and when to speak up if your ex lies or attempts to manipulate the courts against you.
Statistics prove that self-representation often results poorly, especially in issues involving family law. Protect yourself by ensuring that you consult with an attorney first.
Helping You Fight for Custody
Domestic violence is always committed against at least one victim – that’s an undeniable fact. What is also true is that any children in the home who witness intimate partner violence are also being victimized, too. Parents who assault a spouse are also much more likely to do the same to an innocent child.
Of course, abusers rarely see things this way. They may try to use little ones as pawns in an effort to manipulate an ex. Or, they may try to claim they are an unfit parent who should have their children taken away. The truth is usually much different.
Manipulation tactics like these may be used to convince the victim to drop charges, stay in the relationship, or avoid the courts. At its heart, this is a form of gaslighting that can leave the victimized parent terrified for the safety of little ones.
A domestic violence lawyer can help you thwart these attempts and make a solid argument for custody on your behalf. They can also help you request an emergency adjustment to a standing custody order. This is especially useful if you have reason to suspect your children may be in immediate danger at the hands of your ex.
Helping to Keep You Safe
A domestic violence lawyer can also help you avoid your ex and ensure your own safety in other less specific ways, too.
Whether or not you decide to file charges, a good lawyer is also a third-party communication tool. If you need to speak with your ex on any matter (e.g., custody or arrangements for real estate after you separate), they can communicate on your behalf and make your wishes known. Not only does this make the separation less stressful, but it also helps to ensure your safety at all times.
Speaking through your lawyer can also make it harder for an abusive ex to access or harm you again in the future. This includes situations where your location must be kept private (e.g., your ex is stalking you or you are staying in a transition house temporarily) out of an abundance of caution.
Conclusion
Whatever you’re going through right now, you don’t have to fight through it alone. Reach out to a lawyer who can help you find a better future today.
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