Research reveals that at least 40% of the marriage feature incidents of domestic violence. Although domestic violence is an emotional and sensitive issue, it is easily taken for granted by the law. As such, victims of this type of abuse need to seek the best legal counsel who will enable them to successfully take the abuser to court and get a fair ruling. Domestic violence attorneys specialize in civil cases; a realm that is characterized by emotions and life-changing choices. Therefore, these always usually use the delicate approach to address the broad variety of domestic violence cases that often result in divorce, legal separation and the annulment of marriages.
Typically, cases of domestic violence take up to one year to be completed. They are charges treated either as misdemeanors or felonies with the penalties changing from state to state. However, the duration could be shorter or longer depending on how soon you file the case. The response of your partner to the issue determines whether the case will be contested, uncontested or simplified. The number of legal problems that have to be settled, coupled with the degree of harm caused during the violence could affect the timeframe.
As soon as you file the case against the abusive partner, your divorce lawyer will set up a consultation meeting at his office. The first meeting is usually marked by numerous questions from the lawyer. Use this time to provide as much details about the case as you can. The divorce lawyer will listen to these details and take you through your legal options. Most times, you will be provided with a legal form which you will fill out.
A good divorce lawyer will take the time to explain the strategy that he will use for your case. While some clients prefer lawyers who take the aggressive lead, others prefer to participate in the legal process and therefore collaborate with the lawyer. You should select the best approach based on your personality. Also, it is imperative to find an experienced lawyer to handle your domestic violence case. Most suitably, find a lawyer who will handle the case based on your terms and preferences.
Your divorce lawyer will handle most of the paralegal work such as drafting the legal paperwork and filing the legal documents. Additionally, the lawyer will also track the deadlines and remind you of the court appearance days. As the client, no one expects you to be familiar with the domestic violence lawyers or be responsible for the case logistics.
It is advisable to find a lawyer who will consider other legal options such as mediation. This is especially if you are still friends with your partner. In such a case, the domestic violence lawyer will suggest that you collaborate and compromise, which will eventually lead to an agreement between the two of you. Therefore, avoid the type of lawyer who will be keen on fanning the flames instead of encouraging dialogue.
You should consider mediation and other collaborative legal options especially if you and your partner agree on the fundamental issues such as alimony in case of a divorce, and other problems like child custody. However, if your partner shows signs of battling your case or has a bad history with the legal system, it may be more appropriate to go to court. In the end, the strategy used by the domestic violence lawyer will depend on the precise circumstances and details of your case.
Settling a domestic violence case is a slow and painful process. To finish it successfully, ensure that you maintain frequent touch with your lawyer as the case progresses. Expect numerous phone calls from the lawyer asking you to provide factual information concerning the case. Although the process is uncomfortable and highly inconvenient, ensure you are engaged throughout for a fair ruling from the court.