Domestic Violence is often misunderstood. There does not have to be actual physical violence for "abuse" to be considered domestic violence. Domestic violence can be based on threats to your personal safety or that of your children or pets. It can be threats to take your children from you. It happens to men and women. There is misconception that only women are the recipients of Domestic Violence.
Sometimes, a person is accused of Domestic Violence but they didn't do anything wrong, and the other Party is trying to get possession of the house or the children through an injunction.
Whether you are the recipient of abuse or accused of abuse, it is very important that you have the assistance of an attorney to represent you. Unlike criminal matters, the court does not appoint legal representation to you as the recipient of abuse, or the person accused of abuse. You must obtain your own legal representation.
If you are the recipient of abuse, it is important to understand what "abuse" is and that you are not alone.
Often the abuser threatens the recipient with loss of money, reputation, housing. Many times the recipient of domestic violence has lived in a home where they have been under the control of their abuser and led to believe it is the recipients fault. "If only you hadn't done x, y, or z, I wouldn't have hit you".
It is very hard to come forward and admit that you have been the recipient of domestic violence. Fear of repercussions, or harm to others, or merely feeling ashamed are often why a recipient does not come forward.
It takes courage and strength to admit that what has been happening to you is in fact "abuse".
The process requires you filing a Petition for Protection from Domestic Violence. This will be submitted to a judge to review. If, based on your statement, the judge feels that there is the likelihood of impending or current harm, they will issue a Temporary Injunction. If is very important that your Petition for Protection from Domestic Violence be completed carefully with enough details for the judge to be able to determine if a Temporary Injunction should be issued. This is where the assistance of an Attorney is vital.
Once a Temporary Injunction is issued, the other person will be served with the Temporary Injunction and a hearing will be set for within 10 days of the issuing of the Temporary Injunction.
At the hearing, you will be given the opportunity to explain to the judge what has happened, most recently, and in the past. You can provide photos, and witnesses to corroborate your testimony. You can also "cross-examine" the other party, where you can ask them questions. It is best to have an attorney handle this in order to guide your testimony in a way that is most helpful to the judge to be able to determine if the Temporary Injunction should be permanent.
The judge has the authority with both a Temporary Injunction and a Permanent (not usually longer than a year) Injunction to also direct support payments as well as make a temporary determination regarding custody of the minor children.
Often Domestic Violence cases also involve a Dissolution of Marriage action In those cases, the same judge will likely be involved in both matters. Having the same attorney represent you in both means that attorney has all the information necessary to help your case in both settings.
Sometimes Domestic Violence cases also involve a criminal case where the other person has harmed or threatened to harm you, the police were called, and the other Party was arrested. In those cases, there is often a "no contact" order which is similar to an injunction BUT not as detailed and goes away if charges are not pursued. It is important for your protection to also have an injunction in place.
In the event that there is a pending criminal matter, the other Party will likely not testify at an injunction hearing as to do so put them in a position where what they say could be used against them in the criminal matter.
The biggest step is the first step. We are here to guide you all the way.