Domestic violence cases come in many forms, but no matter what the context, there are key things to always keep in mind. The following are five important things to know regarding domestic violence lawsuits.
1. Have a conversation with your lawyer before going forward.
When you’re in a stressful situation in a domestic incident, it’s important to get to a safe place as quickly as possible. When you’re facing a legitimately moral threat from another person’s unstable behavior, getting out of the situation by leaving the house can indeed be a wise course of action.
In a situation where you are considering file a case but aren’t entirely sure if you want to, the ideal course of action would be to talk to your lawyer before making any decisions. A lawyer can help you understand your rights as a domestic violence victim and may help you choose whether to file criminal charges, a civil suit for personal injury damages, or both.
2. Depending on the circumstances, criminal charges may be warranted.
When you’re in a situation that involves serious abuse, pursuing criminal charges may be a wise course of action in order to resolve the situation and protect yourself. If you’re not sure about exactly what criminal charges may apply to your situation, your lawyer can help you organize the details properly. Domestic abuse cases can entail criminal charges ranging from aggravated assault to sexual assault, so you’ll definitely want to make sure that you and your lawyer have gotten the details in order if the case necessitates it.
3. Do not leave any details out of the complaint.
Some individuals who file domestic abuse cases may only report the ultimate results of the violence, but this is usually not enough to substantiate the entire case. If you want to make sure that the domestic civil suit is handled properly, every fact relevant to the case (from beginning to end) should be included in the report as thoroughly as possible.
If you want to court to see through the clearest window of perspective into the case, then you would be well-advised to make sure that you note any interactions you’ve had with your spouse related to the situation. Even if it isn’t physically inclusive of abuse, sharing details of interactions that you’ve had with your spouse that make the full situation easier to understand is a good idea.
4. The Domestic Violence Act extends to the feeling of imminent violence
While the Domestic Violence Act has been amended several times over the decades, it has always defined domestic violence as including not only physical strikes, but the deliberate forcing of another person into a state where they fear imminent bodily harm due to threats. Make sure to note any circumstances in which you’ve been threatened to the point of feeling that violence would closely ensue after.
5. The solution you can reach can be personalized.
Because every domestic case can necessitate its own unique approach, the ultimate result that can be reached won’t always be universal. By working closely with a family law lawyer Peoria IL trusts, you can see to it that your unique needs for domestic violence resolution are satisfied in the most fitting way. If you have any questions or concerns related to a personal injury claim or domestic violence laws, contact a law firm for help today.
Thanks to our friends and contributors from Smith & Weer, P.C., for their insight into domestic violence civil suits.