Law

Protecting Your Rights After Domestic Violence

If you have been the victim of domestic abuse and are seeking some form of retribution or any other form of justice you should seek the counsel of a domestic abuse attorney. An experienced lawyer will be able to help you get a restraining order against your abuser which will prevent him/her from coming near you or your family again. David Genis – Best Assault Lawyer can help domestic abuse victims in their pursuit of justice can assist you to get a temporary restraining order (or sometimes even a permanent protection order), prevent your abuser from coming near you or your family again, and explain your legal rights and what resources are available to you to work towards obtaining the most comprehensive outcome.

David Genis - Best Assault Lawyer

The process of obtaining a restraining or protection order against an alleged abuser is not a quick or easy process. It takes months to go through the court system and make your case to a judge; the process of obtaining a temporary restraining order is even longer. In many domestic violence cases, it takes several years before the matter is settled by the court and the alleged abuser is finally expelled from home. In more extreme cases, domestic abuse charges can even be refiled after leaving the police station or county jail if the victim decides to file a false report against the defendant.

Once the victim has decided to pursue justice, it is important to note that in many instances false allegations have been brought against someone they never did have a relationship with. False allegations often come about when the person suspected of committing a crime fears further investigation and possibly charges; false allegations are often made because the person feels that they might lose their job if they go forward with pursuing legal action against the suspected abuser. For this reason, victims should seek out a lawyer to represent them in their courtroom. A skilled attorney will know all the laws and court procedures pertaining to domestic abuse and assault cases and will be aware of any defences which the victim might be able to use in court. Many times, victims are unaware that they can assert their rights against their alleged abuser and prosecutors are usually too busy to spend time with them in seeking a resolution.

Once the victim does secure a protective order against their suspected abuser, they may face the possibility of being dropped by their abuser and unable to return to their home or place of work. The court will issue a temporary restraining order against the suspected abuser and place a temporary protective order on the residence or workplace of the individual. These orders are usually referred to as RPO’s and can only be removed by a court order. Once removed, the restraining order stays in effect unless it is lifted by the court for one of several reasons.

David Genis - Best Assault Lawyer

Removal of protective orders can be a difficult and lengthy process; this is especially true in cases of domestic violence. In most cases, victims will need to first be able to obtain the services of an experienced attorney who is experienced with securing restraining orders and other legal protections. An attorney with experience in handling these cases will know exactly what to do as well as where to look for support during this delicate and often confusing process. Victims should not attempt to fight their case on their own or through the help of a family lawyer. Legal assistance from an experienced attorney is essential in determining whether your case has a reasonable chance of winning. A lack of evidence or weak evidence supporting a case of domestic abuse is not good enough to have a restraining order successfully granted.

Oftentimes, victims are not even aware that their abusers have even been charged with a crime. A domestic abuse restraining order can be effectively enforced by contacting the local authorities such as the FBI and local police departments. In instances where charges are filed against an individual, victims can expect swift and aggressive action from their attorneys. By contacting law enforcement officials immediately after the alleged abuse occurs, victims can prevent the charges from being transferred to another jurisdiction and have their abusers removed from their homes and permanently prohibited from returning.