Legal Services - Domestic Violence

Legal Services - Domestic Violence

Domestic Violence affects millions of people from all walks of life across the entire country.

Fortunately, there are ways to be sure you or a loved one does not suffer from further harm.

What Is Domestic Violence?

Domestic Violence is any act which endangers the welfare of another through physical or severe emotional abuse. It includes physical assaults, threats of violence, actions that cause an individual to fear for his or her safety, forced sexual contact, any abuse conducted against a child, or harassment.

The Prevention Of Domestic Violence Act

The objective of the Prevention of Domestic Violence Act is simple:

To protect cohabitants of the home from being victims of violence in any of a number of forms.

This act should never be used to gain a tactical advantage (e.g., to get someone to move out of the house simply because he or she is no longer wanted there.)

How Can This Help Me?

The Act is designed to immediately remove the offender and provide protection for the victim.

If you are the victim of Domestic Violence, the following steps should immediately be taken:

·If the act occurs between 8 AM and 5 PM leave the premises and go directly to the County Court (Family Division). File a complaint with the Domestic Violence Coordinator requesting a temporary restraining order. This order gives local police the authority to remove the abuser from the home.

·If the act occurs at some other time, call or go to the police department and file a complaint asking for a temporary restraining order.

·Meet with an attorney as soon as possible after filing for a restraining order or as soon as you suspect that you are or may become a victim of Domestic Violence.

A temporary restraining order is valid for no more than ten days. The court willhold a hearing to determine whether to make this order permanent. If the judge grants the permanent restraining order, the abuser is not allowed back into the home. In addition, issues of visitation, child support, and the extent of any contact between the parties may also be addressed at this time.

Enforcement

Enforcement of the restraining order is critical to the protection of the victim. In those cases where the order is violated, abusers may be immediately charged and arrested. It is therefore important to distinguish between a domestic violence restraint and civil restraint. A civil restraining order will require you to come back to court in order to have it enforced.

No one should be a victim of any type of Domestic Violence, Fortunately, there are ways to seek protection for yourself and your loved ones.