subject: What Lawyers Can Do to Protect Domestic Violence Victims [print this page] What Lawyers Can Do to Protect Domestic Violence Victims
As a Georgetown, DE lawyer specializing in family law at The Betts Law Firm, P. A., Dean Betts prides himself in approaching every client with honesty, integrity and steadfast dedication, whether it's a divorce, real estate action, or domestic abuse case. Here, Betts talks about what a lawyer can do to help protect victims of domestic violence.
In my opinion, the first thing that domestic violence victims should do is to notify the police, and have the police investigate their allegations of domestic abuse or domestic violence. Typically, the next step in the process is to file a petition for Protection from Abuse, which is the name of the pleading that gets filed in the Family Court.
Family Court is set up separately from the law courts and other judiciary courts in Delaware. It is the court that handles most, if not all, of the issues involving family, divorce, custody, and protection from abuse it is a specialized court that handles all of these issues.
Immediate Protection
First of all, a victim can actually get an Emergency Protective Order if the violence that she has alleged is serious enough to warrant the court issuing an order right away. So clients who come to us can actually get immediate protection through the Court. Often times, I will also advise clients in these situations to file what is called an ex parte Petition for Protection from Abuse. That simply means it is a petition that is filed without any input from the other side.
The court simply reviews the petitioner's petition and affidavit and makes a determination without a hearing, and without listening to the other side, about whether the order should be issued immediately. If the Court does issue that kind of ex parte order, then it will schedule a hearing within ten days, then giving the other side an opportunity to be heard. At that hearing, the petitioner has the burden of proof to establish that the abuse has occurred. And that is what we help with.
Different Forms of Relief
We can present evidence to the court either testimony of any eye-witnesses or police investigators, and documentary evidence, if appropriate, such as hospital or doctor's records to show that abuse has occurred or that injuries occurred. Then, obviously, the testimony of the parties will also be presented. The Court can issue an order of protection for up to one year if you are successful.
The Court can give you different forms of relief; the most typical is ordering the respondent not to have any contact with the victim by staying 100 yards away from the victim and the victim's house and workplace. The Court can also issue an order granting temporary custody of any minor children, and order the respondent to pay both child and spousal support, if appropriate, to the victim during that time. Also, the Court can award temporary possession of the home to the victim without regard to how that home is titled. These are the main areas of relief available to victims of domestic violence.
If you need a lawyer who specializes in family law in Georgetown, DE, then call The Betts Law Firm, P. A. We can help do the best for you and your family if domestic abuse has occurred.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
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