5 Things To Know When Pursuing a Domestic Violence Civil Suit
Posted on September 5th, 2018 by Oddo & Babat, P.C.
Although domestic violence cases vary from person to person, there are some common things to keep in mind while pursuing such a case. Here are five points to guide you in the process.
- Consult your lawyer before moving forward
A domestic violence experience can be harrowing and the first thing you should do is get to safety immediately. When someone is threatening you with acts of violence, leaving the premises is your first concern.
If you are considering filing a suit but are not certain if you are ready to do so, consulting a lawyer can help you think clearly and decide what you want to do in the meantime. A lawyer can also help you decide if you want to file civil charges, criminal charges, or both and can clear up what rights you have as a victim of domestic violence.
- You may be able to file criminal charges
If you have experienced severe abuse like injuries from physical altercations or sexual assault, you may be entitled to file for criminal charges. A lawyer can help you determine if your situation is applicable and they can help you organize the details necessary for a criminal case.
- Include all the details
Sometimes the individual filing a case for domestic abuse reports only the results of the violence and not information about prior conditions or experiences. That may not be enough to provide a substantial case. Your report should include all the facts from the beginning to the end relevant to the case in order to ensure it is handled properly.
Any interactions you have with your spouse should be included as well to give the court a clear picture of any behavioral issues or other factors. Even if it isn’t an indication of the physical side of the abuse, it is important for the court to have a full idea of the interactions leading up to the physical manifestation.
- Domestic Violence Act includes feelings of imminent violence
The Domestic Violence Act has been amended several times since its first incarnation, and it now defines domestic violence as including physical strikes as well as the threats that force a person into a state where they are constantly fearful of physical violence. Be sure to include moments like this in your reports in order to fully cover your experience.
- You can personalize the solution
Each case is different and will not always be resolved in the same way. By hiring an attorney to discuss your case and specific need, you are preparing to take on a major case as well as prepared to seek the appropriate damages. If you have any concerns or are ready to begin the process for justice, contact a family lawyer Frisco, Texas trusts today.
Thank you to our friends and contributors at Scroggins Law Group for their insight into domestic violence and family law.
I consulted with David the first time a couple of years ago on a serious matter that affected a very close member of my family. Not expecting a good experience from this serious situation coupled with an attorney consultation, the entire thing surprised me as it was pleasant, professional, and completely successful. We found him clear, direct, generous and extremely knowledgeable throughout the process. I give my very strongest recommendation
