5 Things You Need to Know About Domestic Violence AttorneysJanuary 15, 2021
Domestic violence is no joking matter, but it isn’t always a legitimate issue with the pure intent of saving one’s life. In some cases, the respondent is wrongfully accused with the wanton desire to shame them, extort money from them, or force them to comply with a skewed condition. In other cases, the urgency of the temporary restraining order’s issuance can change the lives of the victims of domestic violence and their heirs. In either of these cases, whether you’re the accused or victim, you need the help of a domestic violence attorney to walk you through the whole petition-filing process.
If you’re in Riverside, California, or neighboring areas and need the expert advice of a legal counsel, don’t hesitate to get in touch with a competent Alvarado Divorce Attorney. More than just helping you file for a TRO, he or she can also help you with the interviews and overcome your reluctance to share material information to aid your cause. If you’re the accused, they can also help you find defenses and present pieces of evidence to quash the temporary restraining order and clear your name.
To set proper expectations, here are five of the most important things you need to know about these lawyers.
They Will Ask Difficult Questions
Your lawyer is your ally. The moment they take your case, they’re bound by the lawyer-client relationship to advance your right in every aspect of the litigation. And to defend you in the court of law, they need to know the details of the case. If you’re the respondent, your lawyer also needs to know what you did to be accused of the crime. So, brace yourself for questions that might intimidate you or cause you to flinch. They’re not interrogating you; they’re merely trying to get a clearer picture of the case to establish the cause of action or defense.
Answer them truthfully and confide in all that you know. This will make sure that you’re on the same page. Never surprise your lawyers with new information while the case is already in court, as this will antagonize your chances at securing a favorable decision. Your lawyer won’t judge you but will instead find means to absolve you from guilt or culpability.
Advice What is the Best Course of Action
After establishing the case, your lawyer will lay down all possible courses of action for you. Say, for instance, you received a petition for the issuance of a temporary restraining order because you’re allegedly harassing your wife. Your lawyer will consider filing a motion to dismiss for lack of jurisdiction, motion to modify or dissolve the TRO, appeal, or other applicable actions. He will explain the merits of every option so that you know where your case is going. After presenting the options, he will also discuss the pros and cons, and finally, his recommendation.
If you’re the victim, your domestic violence attorney can secure a TRO on your behalf. Since they’re advocating your rights and needs, they’ll be in your best interest. And in domestic abuse cases, the best and immediate remedy to keep you physically safe from your alleged abuser is by filing a temporary restraining order. If you’re sharing the house with your abuser, your lawyer can also file a protective order to compel him to move out of the house.
They can File a Separate Domestic Violence Case in your Stead
After seeking temporary, provisional relief in your case, your lawyer will gear for the next step in securing your safety by filing a domestic violence lawsuit. Here, your lawyer will allege all abuse instances to help you recover the pecuniary equivalent of your pain and suffering due to the abuse. You can claim actual damages for your medical expenses and moral, temperate, and other kinds of damages for your trauma, sleepless nights, physical suffering, and besmirched reputation.
Lawyers can Assist in Filing for Divorce and Getting Custody of the Children
The help of your domestic violence attorney doesn’t end when you’ve finally secured or quashed the TRO and filed or rebutted the domestic violence case. Their legal assistance would go as far as helping you file for divorce if you will opt for it. They will take care of all the paperwork and evidence to prove the existence of any legal grounds for divorce. Aside from that, they can also assist you in getting custody of your kids. It’s easier to work with a single lawyer for all these actions since you won’t have to give new testimonies and pieces of evidence again. Your lawyer can simply reuse your statements in a previous case and format them to be used in another case.
Domestic Violence Lawyers Can Also Assist in the Partitioning of the Conjugal Assets and Liabilities
If you wish to divorce, your lawyer can also assist you in settling conjugal assets and liabilities. He will help determine which properties are considered personal and conjugal. If there are marital debts, your lawyer could also help ascertain whether you both have to pay for such obligations. With a lawyer working for you, complicated issues like settling debts and properties become more comfortable and less dramatic.
This list is not all-inclusive as your domestic violence lawyer can do more than just representing and fighting for your rights in court. With this information, you are assured that getting an expert to help you advance your rights is worth every penny you pay for their services.