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Corporal injury on a spouse or a mate is a form of domestic violence. Remember, domestic violence is any violence committed by one partner against another. Also, for any procedure related to cases of domestic violence, a lawyer will be able to advise you.
However, among the many competent lawyers in the field, it is difficult to make a choice. Whether the violence is sexual, physical, verbal, or psychological, today there is an arsenal of civil and criminal laws to protect victims of domestic violence. Remember, whichever partner is the violent one may be ordered to be expelled from the matrimonial home.
Finally, it is frequently necessary to contact a lawyer, preferably a specialist, who will diligently prompt emergency divorce proceedings that will allow you to benefit from interim measures quickly. A lawyer specialized in cases of domestic violence will be able to inform you and accompany you. The prohibition of access to the marital home may be imposed on the spouse or cohabiting partner.
In the context of an alternative procedure to prosecution: if necessary, the perpetrator of the violence may be proposed to be taken into custody by the social or psychological health services. This custody is frequently before a penal judgment, within the framework of the judicial controls. After the punitive review, this may be within the context of a suspended sentence or any other measure of an adjustment of punishment.
However, it is during the hearing that it will be decided if the parent victim obtains exclusive parental authority. Remember, there is a specialization in the field of personal rights, which includes family law, minors, and estates. Be careful, however, not to choose a lawyer who is too close to you.
Using a lawyer because he is your friend or a member of your family can be a very bad calculation (let alone if he is not specialized in the area of family law). That is because he may lack the distance and objectivity necessary to allow him to handle your business best, and you may be more reluctant to entrust him with specific elements and information.
Corporal injury on a spouse can be: jostling, hit with or without objects, strangulation, and any other physical act intended to hurt the partner. Also, the victim may urgently apply for a “protection order” in which the family justice judge will rule on: the allocation of marital housing to the victim except in exceptional circumstances, the exercise of parental authority for the custody of the children, the setting of possible alimony, etc. Remember, when you entrust your file to a lawyer specialized in handling these cases, you automatically benefit from the assistance of a team of professionals whose sole purpose will be to help you obtain the best result in your family dispute.
Each year, more and more women are victims of both physical and psychological violence. When you are a victim of domestic violence, it is necessary to go to the police station and file a complaint, at least to note your injuries by a doctor (with a medical certificate). We know that it is not always so simple to complain (because of guilt, financial dependence, social pressure, attachment to one’s spouse, family background, etc.). Different measures can also be taken by the courts to ensure the safety of the victim and his / her children.
If you want to sue your abusive spouse, bring all the evidence you may use against them. The penalties (fine and imprisonment) incurred by the perpetrator vary according to the severity of the violence and the circumstances of their commission. The victim may prefer to leave the marital home with his / her children, providing the reasons for his / her departure, at the time of the filing of a report at a police station or of a judicial information report to the court.
A criminal procedure aims to convict the perpetrator of domestic violence, in the criminal court, depending on the severity of the abuse. A victim of domestic violence is therefore advised to be assisted by a lawyer. The court will also have to decide on the compensation to be awarded to the victim. Also, many associations exist to help women or men who are victims of domestic violence.