Domestic violence attorneys are going to be extremely useful for both someone who has been the victim of domestic abuse and the person who has been accused of domestic abuse. Two areas where a domestic violence attorney can assist you are restraining orders and wrongful accusations.
Restraining orders are one of the best ways to protect yourself from an abusive spouse, relative, or significant other. Unfortunately, you cannot simply state that you are frightened of the other person and immediately get a restraining order. You are going to have to go to court and convince a judge that you are legitimately in danger.
A domestic abuse attorney can help you increase the chances of getting a restraining order by providing evidence showing that you are in danger. One example of this is providing any picture taken by you, the hospital, or the police showing any injuries you sustained when you were attacked.
In addition, the lawyer will also acquire and submit a record of violent behavior on the part of the person who abused you. For example, if you have called the police or visited the hospital repeatedly due to domestic violence, there will be a record of those calls and visits. Also, if the abuser has a history of violent conduct against other people and has been arrested for it, then the lawyer can use that information to build a case for a restraining order.
Now, a domestic violence attorney can also assist you if you have been accused of domestic abuse wrongfully. There are several reasons why this can happen, such as someone from outside the relationship reporting that you abused your spouse or children when he or she noticed injuries on those individuals. Many states require that the police investigate every report of domestic violence, even if you had nothing to do with your spouse’s or children’s injuries.
Another reason that you may be wrongfully accused of domestic abuse is related to divorce cases. Some individuals will claim that they were abused during their marriage in order to get a judge to award them sole custody of the children or to get a larger portion of the marital assets.
However, a domestic violence attorney can help you fight wrongful abuse accusations by investigating any reports against you. For example, if the attorney can find witnesses stating that you had nothing to do with any injuries sustained, or show a lack of any signs of domestic abuse, he or she can use that to get the case dismissed.
If you are being abused by a spouse or have been wrongfully accused of domestic abuse, contact a domestic violence attorney today. The attorney will be able to help you fight wrongful accusations or arrange for a restraining order to protect you from future abuse.