Seek Civil or Criminal Course of Action in Domestic Violence Cases
Domestic violence is a serious issue that affects marital and non-marital relationships alike. Spouses, girlfriends, boyfriends, domestic partners, co-habitating partners and children are all potential victims of acts of domestic violence. Whether you are a victim or have been accused of domestic violence, you need the proper legal representation to assist you in such a difficult time. Although most domestic abuse is directed toward women, anyone may be the victim of physical, mental or emotional abuse. In addition, victims may seek both civil and criminal courses of action in these cases.
Domestic Violence Questions Answered
Restraining and Protective Orders
Accused of Domestic Violence?
If you have been accused of domestic violence in New Orleans, you need an attorney who will rigorously defend your case by examining all the facts. Legal remedies such as restraining orders or protective orders may be sought against you, and an attorney can help you try to get your life back to normal in these situations. Court protective orders prohibit a party, usually the accused, from interacting with the person who has sought the protective order. The main objective of these court orders is to stop further violence against the victim. Protective orders and restraining orders are difficult to cope with because they likely restrict your access to your home and/or children. You need legal representation to help you get your life back on track.
To properly defend someone accused of domestic violence, a criminal defense law firm must examine all evidence to determine whether it is sufficient to support the charges, or to have the case dismissed or charges reduced. A variety of defenses may be used, and defenses vary by case. The facts relating to the case may include self-defense or a showing of evidence not sufficient to support the claim.
Are You a Victim of Domestic Violence?
If you have been the victim, you know how difficult coping with the situation can be, both physically and emotionally. To help you achieve the appropriate legal protection, you need an attorney who can take the steps necessary for you to obtain a protective order designed to provide you and/or your child the safety you need while the case is being resolved.
Typically, a protective order is a form of relief available after a victim first obtains a temporary restraining order against whoever perpetrated the violence. While both orders are intended to protect a domestic violence victim from their wrongdoer it is still a difficult situation. This order can prohibit the defendant from coming into contact with the victim; a temporary restraining order is more of an emergency remedy available to the victim to seek the protection they need before a formal hearing. In other words, a temporary restraining order is just what it says, a temporary remedy that can be sought before a longer-lasting prohibition of contact can be sought through a protective order. Remember, you may be a victim even if no physical harm was suffered. You have legal remedies whether you were mentally, emotionally or physically harmed.
Domestic Violence Leading to Dissolution of Marriage
When charges of domestic violence lead to dissolution of a marriage or other relationship, a victim may feel relieved, but oftentimes the accused person becomes even more upset following the dissolution. This means you need an attorney who has your best legal interest in mind for the current situation but also can anticipate needed protective legal measures for you and/or your child. In addition to the protective orders already mentioned, seeking further relief through injunctions may help following the breakup. Injunctions are court orders designed to prevent certain occurrences, such as enjoining a former spouse from coming near your child or home, and are much more serious than a protective order. Keep you and your family safe.
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Posted by: Sarah Perrie