The Repercussions of Domestic Abuse

 
“Even if domestic violence does not lead to criminal charges, it can have other repercussions on your legal standing,” says attorney Mark Sherman of The Law Offices of Mark Sherman, LLC.

Legal and Personal Ramifications of Domestic Abuse

Domestic violence is one of the most typical reasons married couples seek a divorce, and it can affect child custody or visitation in a divorce procedure. All states allow and consider domestic violence evidence during child custody and visitation hearings. It does not matter how long the abuse has occurred.

 
The court is likely to deny you custody if you pose a documented risk of violence to the child or the other parent. Sometimes, the court may even deny an abusive parent-child visitation, or they may instruct a third party to monitor the visitation.

 
For this to happen, the alleged victim must present credible evidence of the following:

 
- Whether or not the defendant directed the domestic violence toward a minor or affected the kid, and if so, its influence
- The frequency and severity of any domestic violence incident(s)
- Whether the accused keeps endangering the child or the other parent
- Whether or not they have criminally charged the accused abuser
- Whether there is physical evidence of abuse, like eyewitness testimony, videos or pictures, outcomes of Child - - Protective Services investigations, medical records, and more
- Whether the victim reported an abuse incident to law enforcement

Child Protective Services and Legal Safeguards

Suppose an individual reports a parent or other relative to the local child protective service for abuse in a household, especially if the children in the home are victims of the abuse. In that case, it will likely trigger an investigation. The investigation could cause the apprehension of the abuser and the removal of the child(ren) from the household.

 
The issuance of tentative and permanent restraining orders and emergency protection orders is another legal aspect of domestic abuse. They keep an abuser away from their victim to prevent more harm. Hence, you may seek these order types to protect yourself from further abuse.

 
But for a judge to issue any of these orders, you must file a petition or application with a court and schedule and attend court hearings to present your evidence. The court will give the alleged abuser the chance to ventilate their views.

 
If a judge issues an order, the subject must thoroughly understand it and abide by all its instructions because every state criminalizes breaching a protective order. You can go to jail and face other punishments due to this violation.

 
Domestic violence can severely affect a family. Divorce courts negatively view a history of domestic abuse. Thus, every family member must give this a thought.

The Implications of Domestic Violence on the Victim

Domestic violence has legal consequences for the victim as well. You may contact a lawyer to help you handle the legal concerns that may emanate from the domestic violence incident.

 
A change in child custody or visitation orders is one of the most significant impacts of domestic violence. The abuser may lose custody of the child and even visitation rights. While the court usually does this for the child’s safety, it also implies the kid cannot contact their parent for an extended period, if not forever.

 
Also, domestic violence often causes victims to relocate out of a state or to a shelter abode. The relocation plan is typical if the domestic abuse entails harassment or stalking. Sometimes, the court may hold the abuser responsible for the victim’s costs of relocation.

 
Ultimately, the victim and witnesses to the abuse usually suffer severe emotional distress. Then, the judge may recommend the victim undergo rehabilitation or counseling programs.

Damages Available in a Domestic Violence Lawsuit

Domestic abuse may include several criminal conducts, like rape, assault, battery, and sexual assault. If the plaintiff charges the abuser for a criminal offense, they may suffer criminal penalties like prison sentences and monetary fines.

 
An individual, a court convict of domestic abuse, may suffer additional repercussions apart from criminal sanctions.

 
They include:
- Damages: The court may instruct the abuser to pay monetary damages to compensate the victim for financial strains, like pain and suffering or medical expenses.

- Restraining Orders: A judge can give a domestic abuse injunction, like tentative or permanent restraining orders. The order may prohibit the abuser from communicating with the victim or maintaining a given distance from them.

 
- Rehabilitation Courses: A court may order the abuser to partake in a given rehabilitation course. An example is anger management.

 
- Custodial Rights: The abuser may lose child custody or visitation rights. This situation is particularly true if the accusations revolve around marital abuse because courts prioritize children’s best interests.

- Loss of Rights: Severe domestic abuse cases can lead to the loss of numerous rights, like the inability to own a firearm or drive.

When Should I Contact an Attorney?

Domestic abuse is a severe offense with numerous legal consequences for the defendant and the victim. Even witnesses may experience legal repercussions.

 
Report domestic abuse to the appropriate quarters immediately. Speak with a local attorney on the best strategies to use if you are involved in domestic abuse. You can gain from their legal expertise and increase your chances of a positive result.