A person who falls under the category of a “victim” of domestic abuse has several immediate legal remedies at his disposal to protect himself from further assault by the abuser. However, it also seems to be the situation that only a handful of individuals are sufficiently aware of their available defences. That’s why it goes without saying that one must be quick to seek for legal assistance the moment he starts experiencing abuse or his partner begins to exert acts of controlling him through the use of physical force, threats, or intimidation.
The most practical remedy the victim has against such show of abuse is obtaining domestic violence restraining order against the abuser. In order to qualify for the application of such an order, the victim must have a relationship with the abuser in any of the following degrees:
- Relative.
- Relative by marriage.
- Dating relationship.
- Living-in partners.
- Has common children with the abuser.
So what are the effects or the safeguards afforded by a domestic violence restraining order? First off, the order prevents the abuser from contacting the abused party or the victim by any means available. “Any means” covers physical contact, physical violence, threats, third party contacts, telephone calls and harassment and basically other forms of communication that will still enable the abuser to exercise his control over the abused party. In the event that the abuse extends to not just the victim but also to other members of the family, he can pray for the inclusion of such other members. An example of this is when a spouse is the victim of domestic abuse and more or less similar acts are committed against the common child or children.
Apart from the restraining order, the victim also has the option to obtain a stay away order as against the abuser. This is an order that can serve to prevent the abuser from coming within 100 yards from the victim as well as the other parties protected by such order. In addition, the victim also has the remedy of obtaining an order allowing him and other protected persons to remain in their home pending further court action. This can also include the authority to keep certain properties such as the family car for necessary transportation services like taking the kids to and from school. Moreover, child custody as well as child support can further be prayed together with any of these orders.
Before attempting to file an application for any of these orders, it is imperative that you should solicit professional legal help by hiring a competent family attorney with experience especially in the field of domestic abuse. There are online forms available in a number of legal websites but you will need to fill them up with the proper allegations and all the other requisite legal nuances. Otherwise, the forms may suffer from technical defects and may even be dismissed outright on account thereof.
