Blogs from September, 2018

Court house

Restraining Order

Domestic violence or domestic abuse refers to violent or abusive behavior in the home and typically involves spouses, partners, or children. The behavior might be deemed as violent or abusive when one person tries to control another by physically assaulting, intimidating, or terrorizing them. Often, domestic violence victims feel physically threatened by their abuser. Domestic violence could happen in families regardless of wealth or status.

While domestic abuse is ill of society, there are many instances where individuals are accused of such crimes without any basis in facts. If you have been accused of domestic violence or domestic abuse, it is important that you seek the counsel of an experienced domestic violence defense lawyer.

Types of Domestic Violence

Domestic violence is often not just physical in nature although this is the most prevalent form of abuse. Here are some of the most common types of domestic violence and abuse:

  • Physical abuse: This might include violent acts such as hitting, punching, slapping, grabbing, or burning. Acts of violence are considered physical abuse even if they don’t result in visible injuries such as bleeding or bruising.
  • Emotional abuse: This might include acts such as criticizing, berating someone publicly, or name-calling. All these acts erode a person’s self-esteem.
  • Sexual abuse: This refers to acts such as rape, sexual assault, or forcing someone to perform sexual acts against their will. Performing sexual acts on children is an example of severe abuse.
  • Financial abuse: This could include withholding money, not providing for personal needs, and so on.

Domestic Violence Restraining Orders

A restraining order is issued by a court against an individual who has been identified as the abuser or the perpetrator of the violent incident. These types of orders prohibit the individual from doing certain things or being in certain places that affect the person who sought the order. Restraining orders can do a number of things including prohibiting the alleged abuser from contacting you, requiring that the person stay away from you (maintain a certain physical distance), requiring the person to move out of the home, and awarding the seeker the ordered custody of the children.

The goal of restraining orders is to protect domestic violence victims from further abuse. There are a number of different types of restraining orders. A temporary restraining order is issued before a formal hearing has been held on the matter. This type of order will remain effective only until a hearing has been held and the judge issues a ruling. An emergency protective order will be issued by law enforcement officers when a person is unable to request it from a court immediately, often because a court is not in session or there is the threat of imminent harm.

An individual can get a restraining order if he or she has been the victim of abusive behavior. Such a person could be a spouse, a domestic partner, or s person living with the alleged abuser. A restraining order is typically requested at the local courthouse.

If you are facing a restraining order and a domestic violence charge, you may be looking at serious consequences including being unable to see your own children or live in your home An experienced domestic violence defense attorney will be able to help you defend these charges and avoid jail time.