Domestic violence is a scourge for many people, mostly women. Whether physical or moral, the brutality exerted by one spouse on the other spouse is too often devastating. Following an incident of domestic violence, it will then be frequently necessary to petition a judge for family matters either in the context of a divorce proceeding or in the context of a request for setting the right of access and accommodation, as we may do when there are children.
Therefore, you may wonder: “With domestic violence, when should I consult a lawyer?” Remember, domestic violence may be psychological violence (insults, moral harassment, threats, etc.); physical abuse (injuries, beatings, etc.); or sexual (sexual assault or rape). Domestic violence can, therefore, take different forms that often accumulate or intermingle and the purpose of which is to belittle, denigrate and dominate the other.
Domestic violence goes far beyond the mere arguments of a couple. It is a relationship of dominant / dominated which is long-term and which progresses towards acts that are more and more violent. This violence can be: psychological (screams, humiliating or belittling remarks, threats concerning relatives or oneself, insults, etc.); physical (blows, jostling, wounds, etc.); sexual (forced or non-consensual sexual relations). Indeed, the penal code provides that: any activity constitutes a sexual assault if it is a sexual act committed with coercion, violence, or threats.
In the majority of cases, they are part of a process in which there is a gradual escalation of violence, resulting in aggressive, violent and destructive behavior. As a reminder, rape is a crime, and for that reason, it is tried before the criminal courts. Consult your lawyer to find out what your rights are as a victim. Remember, the victim often remains ambivalent about an aggressor, who seeks to minimize the aggressor’s actions by justifying them, denying or reducing the aggression and making the victim feel guilty.
The role of the family law lawyer for the perpetrator of domestic violence will be to advise, assist and defend him/her in civil or criminal proceedings. A judicial review or a placement in a restraining order allows, in principle, the avoidance of risk. In this context, a competent lawyer for domestic violence, assures your defense and will help you get custody of your children if you are the victim.
In general, you should prefer a lawyer with whom you feel comfortable. Family law is a personal domain, and you will have to entrust a lot of things, sometimes sensitive, to your lawyer so that he can better advise you and defend you. An excellent domestic violence lawyer should be a specialized, experienced professional who has been fully involved in family law for years.
Also, after this type of trauma, it may be useful to be followed by a specialized psychologist. The victim who wishes to file a complaint is then informed of the date of the hearing. To the penal aspect was added a civil protection measure called a restraining order.
Therefore, a judge can forbid an aggressor to meet a victim, or force an aggressor to submit to a health care, social or psychological evaluation. A judge can thus force an aggressor to reside outside the couple’s home, to refrain from appearing in that home or the immediate vicinity of it. Remember, a lawyer’s competence is not limited to encyclopedic knowledge of the rules of law and legal information.
In parallel to the domestic violence proceedings, if you are a victim of domestic violence, I advise you to initiate a divorce procedure for fault against your spouse. Also, taking action in the wrong jurisdiction or failing to meet legal deadlines can waste a lot of time, and seeing your case returned several times without understanding the cause can be very frustrating. Therefore, take decisions to protect yourself, to protect one’s children, to overcome shame, to defend oneself with discretion, to confide in someone, to express oneself, and to find the legal solutions to get out of a domestic violence situation.
Remember, once the custody battle is over, in cases of domestic violence it is widespread for the accused to be brought directly before a court.