Cases of domestic violence vary and context matters. However, there are points to keep in mind when moving forward with a lawsuit. The following list is a general overview of concerns you may have when pursuing a lawsuit for domestic violence.
Consult a lawyer before beginning the process.
Your safety is the first thing you should think about. Get to a safe place quickly, away from the person harming you and call the police to report the incident. I you are being threatened with physical violence, leave and report it, regardless if physical abuse is taking place.
Filing for a lawsuit against a loved one can be a difficult decision and you may feel scared or hesitant to do so. If you have some trepidations, contact a lawyer for a free consultation to discuss your legal options. An experienced lawyer that has dealt with domestic violence situations will be able to help you know what your rights are as a victim and can help you pursue either a criminal charge, a civil suit or both, depending on the circumstances of the case.
You May Want to Pursue a Criminal Charge
Serious physical abuse may warrant a criminal charge which could be your best option for your protection. If you aren’t sure that the harmful acts constitute a criminal charge, your lawyer can discuss what charges you should pursue based on the unique circumstances of the case. You will have to provide accounts in detail in order for your lawyer to determine the best course of action. Some domestic abuse cases range from criminal charges of aggravated to sexual assault and you should be honest and thorough when giving your account of events in order to gain the best outcome.
Details are Key for Your Case
You should provide details leading up to the final case of abuse in order to establish history and a pattern because one incident may not be enough to support a whole case. All facts relevant to the relationship of abuse matters to the court and will help you strengthen your case. Even details about your relationship before the abuse can be relevant. Again, be honest, be thorough, and understand that although retelling the account may be difficult, it may ultimately help you.
Discuss the Domestic Violence Act and its Distinctions
The Domestic Violence Act does extend to feelings of imminent violence as well as physical contact. If you are being threatened with violence and fear it will happen (or it has happened sometimes and you expect it) then you should be protected. Include threats in your report as well as physical acts.
There is No Set Consequences in a Case of Domestic Violence
Every domestic violence case has unique circumstances and should be handled accordingly. You can work with your lawyer on a personalized approach and desired outcome to achieve the justice you deserve. Nothing is more important than keeping you and your children safe and your lawyer can help you get an order of protection while you are going through the lawsuit process. Get assistance and contact an experienced Domestic Violence Lawyer Salt Lake City UT has to offer to make sure that you are being helped.
Thank you to Rasmussen & Miner for providing their expertise and insight on domestic violence.