Domestic violence is a pattern of behavior that involves physical, emotional or sexual abuse and is most often committed against a spouse, girlfriend, boyfriend, child, parent or sibling. Moreover, it can be committed against people of all races, religions, age groups, sexual orientations, education levels and economic statuses.
Whether you are a victim of domestic violence or an accused perpetrator, it is important to be prepared to defend your rights and the rights of your family. The best way to do this is to consult a divorce attorney in Miami, FL who is well-versed in the legal issues surrounding this complex area of law.
1. Identify the signs of domestic violence.
It is crucial to identify the signs of domestic violence, since it can be hard for victims and their families to recognize this type of abuse on their own. Fortunately, there are many resources available to help them detect and understand this type of behavior.
2. Obtain a restraining order.
In order to protect yourself and your family from violence, you can request a restraining order in the criminal court or in the family court. However, this process can be difficult and time-consuming. If you are unsure of your options, you can call the domestic violence hotline or visit the Court Dispute Referral Center to find out what resources are available in your local area.
3. Consider mediation in domestic violence cases.
In many states, it is now a requirement for all family law matters to be mediated before they go before a judge. This is a good idea because it reduces stress and the cost of litigation, and it also helps to prevent future problems.
4. Learn more about domestic violence and how it can impact your family law practice.
One of the most challenging parts of a divorce is determining how to divide up property, child custody and support obligations. It is especially difficult when one of the parties has a history of domestic violence, or if there is evidence that the other party is violent with the children.
5. Use the law to protect your clients and their children from domestic violence in custody proceedings.
A victim’s children are at the heart of every family law case, and the court has a responsibility to ensure that their needs are met. Despite this, domestic violence is an unavoidable reality in some relationships.
6. Represent your client in a sensitive and compassionate way.
The goal of any family law attorney is to be a source of comfort, encouragement and hope to their clients. This is even more true in situations where domestic violence is a factor, as it can cause the victim to be vulnerable to further emotional and psychological abuse.
7. Be an informed advocate for your client
If you are a family law attorney, then you are likely to see a wide range of domestic violence-related cases. This includes divorces, child custody disputes, alimony, adoptions and other issues.
The good news is that the law has made great strides in addressing domestic violence. In fact, many courts now give more weight to a victim’s history of domestic violence when evaluating custody and child support. In addition, some states allow an exception to the general “best interest of the child” (BIC) considerations for domestic violence cases.