How to File a Domestic Violence Claim With a Los Angeles Domestic Violence Attorney
Relationships can be difficult. They are filled with a great deal of emotion which can lead to tensions. You and your partner may have the most intense arguments and disagreements. If you are both passionate people, these can sometimes lead to words and gestures that are unkind and probably uncalled for. However, there is never any excuse for any dispute to turn violent.
You should not tolerate violence from a partner. And it is important to know the features of it. Domestic violence consists of acts or threats of violence that occur between two people who are in a relationship. You may or may not be living together, you may or may not be married, you can be in a hetero or homo sexual relationship—domestic violence can occur in any of these situations.
In the vast majority of cases, domestic violence consists of a man attacking a woman. However, it also occurs in same-sex couples of both genders.
Domestic Violence is a Crime
The next important thing to know about domestic violence is that it is a crime. If you have been slapped, punched, shoved, or forcefully grabbed by your partner, then they have broken the law. Here is a list of some of the acts that are considered domestic violence:
- Intentionally inflicting pain or physical injury
- Inflicting permanent injury
- Rape or sexual assault
- Any act that puts the intended victim in fear of their life or safety
Stalking is also a form of domestic violence. If you have ended your relationship with an ex-partner, they do not have the right to constantly intrude in your personal space and hinder you from moving on with your life.
Typical Challenges to Prosecuting Domestic Violence
Although domestic violence is a crime, it can be hard to prosecute and convict people for it. Arresting someone for such violence is one thing; charging and convicting them is another. Here are some of the most common challenges faced by prosecutors:
1. Failure to report
No one knows for sure how they will respond to being physical assaulted by a partner until it actually happens. Your theoretical objection to such abuse may become bound up with bonds of love and affection, which may make it hard for you to report it. You may think it was an isolated incident, that it won’t happen again, and that the abuse was out of character. These are all lines of reasoning that, whether right or wrong, many victims engage in.
Other victims may fear that reporting the violence may lead to even more violence. This is often the instinctive response of victims who were abused as children. If you are financially dependent on your abuser’s income, you may fear that reporting them will lead to catastrophic consequences for you and your children.
2. Reluctance to testify
Even if you report your abuser, you may be reluctant to make a statement or testify against them. The problem is that prosecutors can do little without your account of what happened. And if you make a vague or inconsistent statement, your abuser’s lawyer will challenge it and point out its flaws. This can also lead to a dismissal of the charges.
Protect Yourself First
The fact that domestic violence is a crime makes the state responsible for bringing to justice the perpetrator of it. You should not assume that the state’s interests coincide with your interests. You should protect yourself by hiring a domestic abuse lawyer Los Angeles.
Domestic abuse cases are complex. If the person who has abused you is the father of your children and has property in a house that you used to share, you will need to deal with these facts while protecting yourself from them and seeking justice. A domestic abuse lawyer Los Angeles can help you do all those things.
You may need a restraining order, and a Los Angeles domestic violence attorney will help you get one. Most judges will issue a temporary restraining order with only a little evidence that you have been harmed. However, they will set a date for a restraining order hearing in which the accused will have the opportunity to defend themselves.
A protective restraining order prohibits the abuser from coming within 500 feet of you. Anyone who violates a restraining order is subject to arrest. If your abuser violates the restraining order while you are home, at work, or out with friends, then you should call 911. All such calls are recorded, and the statements made on them are admissible in court.
If you are asking yourself do I need an attorney for a restraining order hearing, the answer is yes. Nothing can be taken for granted. Your Los Angeles domestic violence attorney will know how to build a case for a permanent restraining order.
What do I need to get a restraining order? This is another question that is commonly asked by victims of domestic violence. You need to establish a pattern of violence against you by your partner. You need not answer the question what do I need to get a restraining order on your own?'' Your attorney will give you a detailed list of what you require and will seek the evidence on your behalf.
If You Still Feel Unsafe
You have answered the question: do I need an attorney for a restraining order hearing in the affirmative. You have received the help, expertise, and guidance of an attorney on the legal side of the case. If you have a partner who is especially violent and is determined to harm you, it may be unsafe for you to stay in your home.
You may need to leave your home for a little while until the matter is settled. But before you do that you should ensure that your abuser cannot follow or track you down. You may share a phone plan that allows them to see the calls you make and receive. They may have access to the security cameras in your home and the GPS on your phone and in your car so that they can see when you leave and return. Your abuser may have even figured out your Internet passwords and can read your emails. It is important to sever yourself completely from them so that they cannot monitor and track your movements.
If the abuse has led to serious physical injury, you should speak to an injury lawyer Los Angeles. Our family law attorney Los Angeles can help you seek compensation from your abuser.