Litigation vs. Negotiations
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Domestic violence has been around for a long time.
Unfortunately, battered and abused spouses were ignored until recent
times when legislatures finally woke up and enacted legislation to
protect those who could not protect themselves.
No one and I mean no one has the right to hit another. There is no
excuse and absolutely no reason that anyone should have to suffer from
violence and humiliation. The real question is why battered and abused
spouses allow themselves to be placed in a position for abuse?
There is no simple answer. However, here is a list of most common
reasons.
Financial dependence on spouse
Lack of self esteem and depression.
The children.
No place to go and no support group spouse is aware of.
Embarrassment over admitting failure in the marriage.
Is there help? Yes!!-But first you must be willing to help yourself
before anyone can help you. Admitting there is a problem is the first
big step. The second thing you need to do is seek advice from a member
of the clergy, mental health professional, marriage support groups or an
attorney in your community. Many communities offer free support groups
and places you and the children can go and stay in times of crisis.
Check it out so the next time you are prepared to take the right steps
for you and the children.
Never use domestic violence as a way to instigate an altercation because
you are trying to get your spouse out of the house. This could boomerang
against you and now you are on the defensive. Judges are keenly aware
that there is room for reverse abuse by using the statutes solely for
self gain and to get custody of the children as the first strike in a
custody battle. You could loose and so do the children.
The Courts generally define domestic violence as an individual who has
received deliberate, severe, and demonstrable physical injury, or is in
fear of imminent deliberate, severe, and demonstrable physical injury
from a current or former spouse, or a current or former cohabitant. The
Court can and does look at past acts of domestic violence.
Do not wait until after you have been abused, because the Courts are
there to provide immediate relief and generally will not issue an order
weeks after the incident.
When you go to Court many advocacy groups can assist you at nominal
charge or for free. If you know that you need and want a final break in
the relationship and you are ready to help yourself, then contact a
lawyer in your community to assist you. He can help you prepare for your
trial. He understands the judicial process and can help you from making
a mistake that could lead to a denial of a domestic violence order. Be
prepared to have witnesses, bring photos and medical records.
Don't be a statistic. You need to help yourself before anyone can help
you.
Your future depends on what you do.
Victims of Violence in the U.S.
This article is general in nature and you should check with a lawyer in
your community for specific legal advice on your facts and domestic
violence laws in your community.
YOU SHOULD REMEMBER THE INFORMATION THAT YOU READ HERE IS GENERAL IN
NATURE AND NOT MEANT TO BE A SUBSTITUTE FOR SPECIFIC LEGAL ADVICE FROM
AN ATTORNEY.
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