What to do if you’ve experienced Domestic Violence
Domestic violence comes in many forms and can affect anyone regardless of income, age, or gender. Some forms of abuse are more obvious, such as hitting, kicking, punching, or other forms of physical violence. Other actions that can rise to the level of domestic violence can include name-calling, belittling, isolation, invading one’s privacy, and other forms of non-physical control. These types of abuse can be categorized as emotional abuse.
Victims of abuse can request a Domestic Violence Restraining Order (DVRO) from the Court as a means of protection from their abuser. In the request, the person seeking the DVRO must detail the relationship between the abuser and themselves, as well as information related to the incident(s) of abuse including dates, who was present and the type(s) of abuse that occurred. Once the request is filed the Court will review initial evidence and, if deemed sufficient, will grant a Temporary Domestic Violence Restraining Order (TRO). The Court will also schedule an evidentiary hearing to take place 21 to 25 days later. Prior to the hearing, the abuser must be personally served with the initial request, temporary restraining order, and notice for the hearing date.
At the hearing, the Court will review the evidence and testimony presented. If physical abuse has occurred the proof can be visible or documented through medical records or other reports. However, emotional abuse can be more difficult to prove as the burden is often carried by the testimony of the victim and the specificity with which the abuse is detailed. In the event the Court determines domestic violence has occurred permanent orders may be granted
Although anyone can request a Restraining Order it is strongly recommended to consult with an attorney who has extensive experience in these matters to help guide you through the process and ensure you are legally protected.
For more information on family law matters contact The Reape-Rickett Law Firm at 661-288-1000.
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