| Domestic
Violence
What
is domestic violence?
Domestic violence is any violent behavior used by one
person in a relationship to control the other.
Partners may be married or not married, living
together, separated or dating. Violence can be
criminal and includes: physical assault, sexual abuse,
and stalking. Although emotional, psychological and
financial abuses are not criminal behaviors, they are
forms of abuse and can lead to criminal violence.
What
steps should I take in filing a domestic violence
claim?
- Call the police for immediate help.
- To
charge the abuser with a crime, you will need to go
to the Magistrate's Office. If possible, take evidence of being abused such as
pictures or medical reports.
- Protective Orders are legal ways to have the
abuser stay away from you. You may be able to
obtain temporary possession of your home and
temporary custody of your children.
- Contact a domestic
violence attorney at Haas McNeil & Associates immediately. Your lawyer will advise you of your
options and assist you in obtaining necessary
legal documents, shelter, and/or counseling.
What are the different types of domestic
violence?
Domestic violence may include:
- assault
- battery
- defamation of character
- false imprisonment
- intentional, reckless, or negligent infliction
of emotional distress
- intentional interference with child custody,
visitation, and/or a parent-child relationship
- third-party negligence
- infliction of a venereal disease
- wrongful death
Are there any legal remedies for domestic
violence?
Many states have elaborate laws designed to protect
spouses from domestic violence by their spouses or
other family members. A common remedy is for a court
to issue a protective order ordering the alleged
abuser to stop abusing. In addition, the orders
often require the abuser to
stay away from the victim, the victim's home, or
place of work.
Will I win a child custody suit if I have
filed a domestic violence claim?
Possibly. Parents with a history of causing domestic
violence may still be able to get custody by
proving:
- successful completion of a batterers
intervention program,
- non-abuse of drugs or alcohol, and
- the best interests of the child require that
parent to have custody because the other parent
is absent, has mental illness that affects
parenting, or abuses drugs or alcohol that
affects parenting.
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