Domestic Violence Overview

Domestic Violence Overview

Domestic violence cases, though rarer than other forms of cases involving family law, are very significant for how serious and damaging they may be. Such cases may take any of a number of different forms, as family law domestic violence cases may involve attempts to end the domestic violence, or attempts to remove children form an environment in which domestic violence takes place. Family law legal advice is generally available for victims of spousal abuse, one of the many types of domestic violence, who seek to leave their spouses so as to find safety somewhere else.

If a victim of domestic violence takes the case to court, which he or she should, then he or she may be able to obtain a temporary restraining order. In terms of family law domestic violence cases, a temporary restraining order, or TRO, is perhaps the best possible option as a start to preventing domestic violence. Most family law legal advice concerning domestic violence cases will likely suggest to a victim that he or she should first obtain a TRO, so as to prevent the violence from continuing while other legal action is taken. Family law domestic violence cases will still require a victim to go before a judge in order to obtain a TRO, and the victim will have to provide evidence of the domestic abuse. Most TROs can actually be issued without a full legal proceeding, however, as it may be important to issue them promptly so as to prevent any further domestic violence. Family law legal advice would likely lead a victim to pursue a TRO immediately upon suffering from an incident of domestic violence, so as to prevent any further incidences.

A victim of domestic violence who goes to court at a later point in time in order to obtain a restraining order will likely require a number of important pieces of evidence, in order to obtain the restraining order. There is much family law legal advice out there concerning exactly what evidence a victim should bring, including suggestions of police reports about the domestic violence, and photographs of the damage done. For example, when a victim is hurt in a domestic violence incident, then the victim should immediately contact the police, both to obtain their help, and to ensure that there is a police report filed for the incident, which can be used in a later court proceeding.

The orders that can be issued through family law domestic violence proceedings include orders of protection as well as temporary restraining orders. Temporary restraining orders ensure that the abuser must leave the residence immediately, but they do not provide the same level of deterrence as orders of protection. Orders of protection are the full restraining orders most often thought of commonly, as they can prohibit abusers from even coming close to the protected party, and can often involve the abuser being required to obtain some form of counseling.

Family law domestic violence cases primarily concern obtaining orders, such as temporary restraining orders or protection orders, as mentioned above, but a victim may choose to pursue other avenues of family law in order to help prevent future instances of domestic violence. For example, a victim may attempt to pursue a divorce from an abusive husband, in addition to the TRO which she obtained earlier, so as to ensure that she is legally and financially free of him.

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