In understanding domestic violence in family law, it is critical to understand that many abusers use a combination of methods to control their victims. This can include physical, emotional, psychological, and financial coercion.
As a result, it can be difficult to distinguish one form of abuse from another. In addition, it is important to understand that a victim who has been physically assaulted can be arrested for the crime of domestic violence and may face jail time, fines, and probation.
The only way to protect yourself from the dangers of an abuser is to get legal help as soon as possible after a domestic violence incident. This is why it is so important to find an attorney who has experience in both criminal and family law.
Criminal Court is the Place for Abuse Protection
In contrast to the weak powers of family court, criminal courts wield the ultimate power of the state. If a batterer is named as a suspect in criminal court, he will automatically be subject to all of the state’s protections without any need to prove that he needs them. This includes the power to put him in jail, to hold him over his head, and to make threats against him that cannot be countered by a victim in family court.
There is a serious difference between being told that your abuser should be arrested for the crime of domestic violence and actually being charged with the crime of domestic violence. It is extremely important to consult with a Miami domestic violence lawyer who has experience in both criminal and family law before you even file for divorce, or before the police come to you with charges.
When the Charges Are Against You
It is also important to understand that domestic violence cases are very different from other types of family law cases. They can be complex, and if you do not have a divorce attorney to represent you, it could cost you more money than you bargained for.
For instance, if you are accused of assault and battery or stalking in family court, you will be required to attend a court appearance, enter a plea, and go before a jury. During this process, you will be able to present your side of the story to the judge and the prosecutor.
If you have a solid criminal case against your abuser, then it is crucial to get the protective order from the police or the district attorney as quickly as possible. This can be done by filing for a restraining order in the criminal court.
The restraining order will prevent the abuser from physically attacking the victim or her children. In addition, it will prevent the abuser from having access to the victim’s home, property, and possessions.
The best advice that we can offer you is to get a restraining order as soon as possible after an incident of domestic violence has occurred. This will allow you to avoid the costly and emotionally draining escalation of your case in family court.