Domestic Violence Advice: Getting A Restraining Order

Domestic disputes are no longer treated as they used to. There are laws passed to protect people who are victims of domestic crime. Any form of domestic violence can now be considered a crime, and the federal government has already passed laws against such crimes. Philadelphia domestic violence lawyers describe domestic violence as a type of physical or emotional abuse, which may include harassment and threats. Domestic violence is often done to dominate and control the victim.

Statistics indicate that domestic abuse occurs in all people of any economic class or race. Domestic crimes also happen in any type of relationship, and anyone can become a victim. However, most of the victims are women. That is why Violence Against Women Act has been established.

Many states allow police officers the authority to arrest individuals allegedly abusing other individuals even if the victims do not file cases. Victims, on the other hand, can sue the abuser in court to claim damages sustained due to the mistreatment.

What a domestic abuse victim should do?

The first thing a victim should do is end the relationship. There are legal agencies in states for people who seek help for domestic violence issues. Those who do not know where to turn to should dial the domestic violence hotline 1-800-799-SAFE (7233). Sufferers should secure copies of documents, money, and keys upon leaving.

Obtaining a Restraining Order

Victims are usually harassed by the abuser even if they have abandoned them. A restraining order will prohibit the abuser from getting anywhere near the victim. This is important if threats to pursue the victim are present. The victim can go to a local police office to get a restraining order against the abuser.

Take note that the temporary restraining order will last only for a certain number of days. But the victim can file for a petition in court to keep the abuser from getting near her. This petition can be filed without the aid of a lawyer, but a lawyer can assist you in the process, thereby hastening it. The court shall schedule a hearing within two weeks after the petition is received. The court shall hear why the victim needs a restraining order against the abuser. Medical records, witness testimonies, photos, and police reports can be used as pieces of evidence to back up the petition. The victim should expect that the abuser’s Philadelphia criminal lawyer shall attempt to challenge the petition.

Enforcement of the Restraining Order

The restraining order shall indicate places where the abuser is forbidden to go. Once the restraining order is issued, the police department must be notified. The victim can notify the police department if the abuser goes anywhere within the restricted boundaries.

Qualms on the Part of the Victim

Abused parties may wait for a long time before filing a case because of certain reasons. They may be working to salvage the relationship or probably hoping that the abuser may change ways. However, victims who tolerate the behavior of the abuser tend to fall into a trap. In many cases, they tend not to divulge the problem to anyone because they have kids or they are afraid of humiliation. Victims of abuse should understand that there are people who can help them. Aside from legal help, they may also seek medical and psychological help.

By: Cedric Loiselle

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