One of the most frightening parts of being a domestic violence victim is feeling as if there’s no one to turn to. Taking action toward an abuser can be too daunting unless there’s someone there to provide moral and emotional support. As far as legal issues are concerned, it is very important for a domestic violence victim to hire a lawyer for the reasons below.
Keeping Child Custody
If there are children involved in the marriage and domestic violence has become a problem, the victim may want to move out or get a divorce. Also, they may want to keep custody of the children. This is where a family lawyer’s skills can be invaluable. Domestic violence lawyers focus on a few issues including child support and custody, domestic violence, and divorce. These decisions and proceedings may happen at one time, and domestic violence attorneys in Temecula can help a victim get the assets, rights, and financial support they deserve.
Obtaining an Order of Protection
There are four kinds of restraining orders–sometimes referred to as protective orders–available. They are dating, repeat, domestic, and sexual. In a domestic violence case, a protective order will be given if a marriage relative, blood relative, co-parent, roommate or spouse is found guilty of any of the following offenses.
* Assault
* Stalking
* Battery
* Kidnapping
* False imprisonment
* Other crimes resulting in injury
An emergency protective order can be filed and will last for 15 days if the judge believes the victim is in immediate danger. These orders can be issued while future hearings are in the process of being scheduled. A general protective order will be issued at that point and will last for up to a year. A domestic violence lawyer can expedite the process of getting a protective order.
Testifying Against an Abuser in Court
Regardless of a person’s progress in separating from an abusive spouse, they may need some help learning how to properly represent themselves and talk to members of the court or law enforcement personnel. Domestic violence attorneys in Temecula can help a client figure out what they should tell police, the abuser, and courtroom staff. Potential clients can click here or call the Law Office of Michelle Penna to schedule a consultation.