Legal Review: Domestic Violence Legal Claims: Seeking Justice and Protection

Domestic violence is a pervasive issue affecting victims worldwide. Fortunately, survivors of domestic violence have legal options available to seek justice, protection, and accountability. This article will delve into the legal claims associated with domestic violence, including restraining orders, criminal charges, and civil lawsuits. Understanding these legal avenues empowers survivors to take action, hold perpetrators accountable, and secure the safety and support they deserve.

Restraining Orders: Seeking Immediate Protection

One important legal recourse for survivors of domestic violence is obtaining a restraining order, also known as a ‘protective order’ or ‘order of protection.’ A restraining order is a court-issued legal instrument that limits the abuser’s actions and interactions with the victim. It serves as a crucial tool in providing immediate protection from further harm.

To obtain a restraining order, the survivor typically files a petition with the court detailing the incidents of abuse and the need for protection. If the court finds sufficient evidence of domestic violence, it may issue a temporary restraining order, which can later be extended to a permanent order after a hearing. A restraining order can obligate the abuser to stay away from the survivor, the survivor’s residence, workplace, and potentially other designated locations. It may also impose restrictions on contact, including phone calls, texts, emails, or social media interactions.

Criminal Charges: Holding Perpetrators Accountable

In domestic violence cases, survivors can press criminal charges against their abusers. Criminal charges seek to hold perpetrators accountable for their actions and can result in penalties imposed by the justice system. The specific charges vary depending on the jurisdiction and the nature and severity of the abuse.

Survivors can report the incidents to law enforcement, who will investigate and gather evidence. Prosecutors will then determine if there is enough evidence to proceed with criminal charges. Common criminal offenses related to domestic violence include assault, battery, stalking, sexual assault, violation of a restraining order, or other relevant charges.

If the abuser happens to be convicted, they may face penalties such as fines, probation, mandatory counseling, anger management programs, or imprisonment, depending on the severity of the offense. “Criminal charges not only hold the abuser accountable but also further safeguard other potential victims from domestic violence by ensuring they are aware of the offender’s toxic history,” affirms Attorney Mark Sherman of The Law Offices of Mark Sherman, LLC.

Civil Lawsuits: Seeking Compensation and Remedies

In addition to pursuing criminal charges, survivors of domestic violence may choose to file civil lawsuits against their abusers. Civil lawsuits provide an opportunity to seek compensation for the damages suffered due to the abuse, including medical expenses, therapy costs, lost wages, and pain and suffering. These lawsuits also serve as a means to hold the abuser accountable and obtain legal remedies.

Civil lawsuits in domestic violence cases can take various forms, including personal injury claims, wrongful death claims (in cases of fatal domestic violence), or claims for emotional distress, invasion of privacy, or other relevant causes of action. Survivors should consult with an experienced attorney specializing in domestic violence cases to assess the strength of their claim, understand their legal rights, and navigate the complex legal process.

Civil lawsuits offer survivors a chance to tell their stories, present evidence, and seek justice in an environment different from a criminal court. While the state brings criminal cases to protect society’s interests, civil lawsuits are initiated by the survivor to seek redress for their harm.

It is important to note that civil lawsuits have different burden-of-proof requirements than criminal cases. Survivors must establish their claims by a preponderance of the evidence, showing that it is more likely than not that the abuse occurred and caused the damages claimed.

Conclusion

Domestic violence legal claims provide survivors with important avenues for justice, protection, and compensation. Restraining orders offer immediate relief by restricting the abuser’s behavior and contact. Criminal charges hold perpetrators accountable through penalties imposed by the justice system. Civil lawsuits allow survivors to seek compensation for damages and obtain legal remedies. By understanding and utilizing these legal options, survivors can take the necessary steps to secure their safety, hold perpetrators accountable, and embark on a path toward healing and recovery.