Domestic Violence in a Marriage – How a Lawyer Can Help

When one spouse is suffering through domestic violence, it is important to contact a lawyer to determine how best to proceed and what type of case the individual wants to pursue, as these matters can usually progress through the civil or criminal courts. The lawyer can help in considering both options and what is necessary based on the needs of the spouse.

Domestic Violence Forms

There are different ways someone in the household can suffer through domestic violence. There are various forms that it can take. Generally, this involves physical violence and abuse. However, the victim can also suffer through sexual assault, emotional abuse and even control. The other party may attempt to control the money in the house, isolate the other person and make threats that are intimidating. Stalking and even different forms of neglect can lead to violence in the home. Any of these can cause some form of trauma that requires the assistance of a therapist, counselor or even a medical professional to support the person through treatment.

When the Relationship Ends

It is possible for domestic violence to become even worse when the relationship ends. The instigator can attack the victim again after the marriage or relationship is no longer active even if the abuser or aggressor is not living in the home. The victim often needs to take certain steps to help in stopping this. These can also include taking legal action by hiring a lawyer and determining which path to take. If compensation is necessary, the individual will need the civil litigation route. If this person wants justice, then the criminal prosecution path is the one to take.

Family Concerns with Domestic Violence

When the person is a victim of domestic violence, he or she may need to take children out of the house or seek assistance immediately after the incident. Even if the spouse or person in the relationship is not able to get out of the situation, it is critical to ensure that any children are no longer suffering through or from the violence in the home. The child protection services can take the youth away if no steps are taken to prevent future incidents. Other issues may arise such as the need for medical assistance from injuries or support to seek new residential accommodations.

Seeking a Remedy

Legal help can support the individual through domestic violence. A lawyer can also provide another means of a remedy such as a restraining or protection order against the aggressor. It is also possible to seek emergency custody to take any children from the relationship out of the situation or away from the person instigating the violence in the home. With an order in place, it is also possible to seek a legal way to remove friends and family from the aggression of the other party. The lawyer may need to explain the process and how to appropriately file for a restraining or protection order.

The Help of a Lawyer

Generally, the person seeking a remedy from domestic violence will need a lawyer to pursue either civil or criminal processes. This may break down into which the person wants to engage first. If the spouse or person in the relationship suffering domestic violence injury needs to place the person in jail or prison, he or she may need to contact a lawyer and initiate the process and communication with a prosecuting lawyer for criminal charges. This will permit the person to seek a way out of the relationship and place the person in a location that could prevent harm to the individual while the trial progresses.

If the person wants to seek compensation for the injuries inflicted, he or she will need to pursue a civil case. It is important to make a safety plan for the individual and any children. This may also lead to therapy during or after the claim starts. Hiring a lawyer is important to seek all relevant processes and compensation. The legal professional can also explain where to stay and how to seek a personal way to acquire protection. Litigation can also ensure that the medical treatment and all other damages receive coverage.

Hiring the Lawyer for Domestic Violence Incidents

The lawyer can support the victim of domestic violence and investigate the matter fully. He or she can also gather and collect relevant evidence to support the claim. Depending on the case or claim, the lawyer will present the argument or direct the victim to a prosecuting lawyer.

Provided by HG.org