Spousal violence is an aspect of family law and constitutes a privileged area of competence within the law. The legislation also now classifies as an aggravating circumstance the violence committed against spouses, partners, and a former spouse. It additionally does not matter if the assault is perpetrated against the spouse or the children, which makes it possible to take into account stepfamilies.
In the case of domestic violence, it is important to act and not get lost in silence. The use of a lawyer is therefore strongly recommended. A lawyer can write legal documents for your account, advise you on your steps, or assist you in an amicable negotiation. In any case, if a hearing was postponed, and the violent party was not detained, it is entirely possible to ask the court that your cohabitant or spouse be placed under judicial control with the prohibition of getting in touch with you until the next hearing.
These violent phases can last a very brief time in the beginning but frequently lengthen with time. This pattern makes the victim believe that the spouse is not violent, but someone caring. That the violence has overwhelmed him/her and that this will not happen again.
If you leave without your children, this is also a risk because the judge often assigns custody to the parent who has been at home with the children. In general, you should also prefer an unfamiliar lawyer who is competent in family law rather than a lawyer who specializes in another area who you may be familiar with. It will be enough for a lawyer to prove the plausibility of the alleged acts of violence.
The law firms working against domestic violence commit every day to the victims to enable them to assert their rights to the recognition of their status and ultimately a reparation for acts of violence. By talking to a lawyer, you will find someone to listen to you. Maybe in your situation, for example, a conciliation or mediation measure, faster and less confrontational, will be more suitable.
Remember, rape and other forms of sexual assault occur when they have been imposed on the victim. This assault is illegal regardless of the nature of the relationship between the abuser and his or her victim, even if the bonds of marriage unite them. Also, there are many possible actions in cases of domestic violence. These actions may include the attribution of the marital home to the victim, the prohibition on the offender to carry a weapon or to enter into a relationship with his spouse or former spouse, the authorization for the victim to conceal the address of his domicile, or the detention in custody of the violent spouse for the most grave cases.
If you can not pay the fees of a lawyer, you should also be aware that there are many free hotlines organized by town halls and the various law societies. The free lawyer you meet with may not be able to represent you or assist you during your proceedings, but he can listen to you, advise you and guide you on the way forward, including advising you on the usefulness of initiating legal actions and whether or not to use a lawyer. Many victims appearing alone at a hearing are entirely lost even if they are helped a little by the court.
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