No one should feel unsafe in their own home. Unfortunately, individuals in domestic violence situations cannot feel safe where they live. These situations happen more often than many people think, and they can be extremely dangerous for the people involved.
Fortunately, the law has protections for individuals who experience domestic violence. Many laws and regulations can help to put the victim in a safe location and ensure that the abuse stops. In some situations, this may be through incarceration, while in other cases, a restraining order may be effective. No matter the situation, the law has a system in place to protect victims.
However, in order to achieve those protections, victims must take their abusers to court. By creating a domestic violence case with an experienced family lawyer, a victim can help to achieve the protection they need. The Law Office has been serving Indian Wells families for many years and can help you navigate your domestic violence case with ease.
Our team at the Law Office of Athina Powers has extensive experience in all types of family law. We have seen countless domestic violence cases in the three decades we’ve been practicing. We understand the importance and vulnerability of your situation and can provide compassion as well as legal support. What’s more, our experience ensures that we know how domestic violence defense attorneys operate. This gives us an advantage over your abuser and allows us to advocate for your safety and security.
Our experience in this field is unmatched in the Indian Wells area. No other firm can provide our level of expertise and strategy. What’s more, we are experts in all areas of family law. This means that if divorce, child custody, or child support come to play in your domestic violence case, we can help you to navigate those situations as well.
Domestic violence is any abuse that occurs between members of a household. This could be intimate partners, adult children and their parents, siblings, roommates, etc. Many people mistakenly believe that domestic violence only occurs between individuals who are in a romantic relationship or married, but this isn’t true. Anyone who lives with you or who has a close relationship with you can commit domestic violence against you.
Domestic violence has four main categories. They are:
There are many different actions that fit under these categories. It’s important to understand that every domestic violence situation looks a little bit different.
Many people are not sure how to navigate a domestic violence case and believe that their testimony will be enough. Unfortunately, this isn’t the case. In order to receive the protections that you deserve, you need an attorney’s help. Your abuser will likely hire a criminal defense attorney who will try to discount your story and make their client seem innocent. If you can’t definitively refute their claims, your abuser will not face punishment for their crimes, and you will lack protection from their harmful behavior. For your own safety, it’s important that you hire an attorney.
It’s also important to know that the case will likely be more emotional than you expect. Being in a domestic violence situation is traumatizing, and it may be difficult for you to say what you need to say to the court. With an attorney present, we can help you to navigate the situation and help you to remain as calm and persuasive as possible.
If you call the police in a domestic violence scenario, they can help you to obtain an emergency restraining order against your abuser. Once this is approved, you have legal protection against your abuser for a short amount of time, usually about 14 days. During this time, you and your attorney need to organize your case to petition the court for a permanent restraining order.
Though the name implies the restraining order will last forever, it usually lasts a few years at most. If you need another one after that, you will have to re-petition. However, during your permanent restraining order, you should have the space and comfort to rebuild your life away from your abuser.
To receive a permanent restraining order or to incarcerate your abuser for their crimes, you and your family lawyer will have to prove that the domestic violence occurred. At the same time, the case’s criminal defense lawyers will be trying to suggest that it didn’t happen or there was a misunderstanding. Under the right circumstances, they can infuse a significant amount of doubt into the jury. This means that our proof must be convincing and reliable.
The best way to prove physical domestic violence cases is with photos. If you can, take pictures of your injuries and put them in a secure location. Be sure the dates are on them, and write down what happened for each. It’s easy for memory to be swayed or altered, so the sooner you record your experience, the more reliable it will be.
For sexual assault cases, it’s important to go to a hospital if you are able. They can help you to collect evidence that can be used in court. If this isn’t possible, note down the day, time, and what happened and store it in a secure location.
If you are being emotionally, mentally, or financially abused, keep all notes, emails, texts, voicemails, etc., that have to do with your abuser’s behavior. If they yell or belittle you in person, note down the date, time, and what they said. It’s important to remember that recording someone without their knowledge is illegal and could result in a mistrial. Do not attempt to record the violence without your abuser’s knowledge.
It may be painful to retain these items, but it’s important that you do so. If your case has enough proof, your abuser will see justice, and you can move on peacefully with your life. If there is insufficient proof, there may be limited options to ensure your safety.
It’s important to remember that all domestic violence attorneys are different. You may need to speak with a few before you find one who fits your needs. However, it’s also important to know what to expect when you speak with potential attorneys.
First and foremost, it’s important that you feel comfortable talking with any attorneys that you consider. You will have to give them details of your experience, which may feel difficult to talk about. If you don’t trust your attorney, it will be difficult to build a successful case with them
It’s also important that your attorney has handled cases like yours before. Because domestic violence cases are so varied, some attorneys may not have direct experience in your type of claim. Look for someone who has seen a situation like yours and had success fighting it. This will give you an advantage and will help reassure you during the process.
Finally, it’s important to consider finances. Not all attorneys charge the same, so you should speak with any potential lawyers about their fees before you consider working with them. Though the conversation may feel awkward for you, attorneys are accustomed to these questions. It’s best to be upfront about cost rather than having to quit a case in the middle because you can no longer afford your legal counsel.
In many cases, you may need to take further legal action beyond your domestic violence case. For example, if the violence occurred between you and your spouse, you will likely need to seek a divorce as well as a restraining order. If the abuser is your child’s other parent, you will likely need to negotiate child support and child custody following the divorce. This is why hiring a family attorney is a good idea. We can help you with all these issues seamlessly, rather than needing to find a new attorney for each type of case.
Our team at the Law Office of Athina Powers is highly experienced in family law and domestic violence cases. We have seen many different situations and have the experience to represent you in your case. No area firm is more qualified, experienced, or compassionate than our team at the Law Office of Athina Powers.
For more information about our services, please contact us online.