Procedure to File Complain Against Domestic Violence

Nowadays, Americans are fairly aware of domestic violence. There are shelters for victims of such violence in most communities. They teach children about Battered Woman Syndrome in schools and when you are admitted into the hospital, one of the first things they will ask you is if anyone at home is hurting you.

Even with all that awareness, domestic violence is still stigmatized in the United States. People do not always remember what to do in case of domestic violence. It can be helpful to review the appropriate steps to take.

Report the Violence

The first step is to report the instance to the police. If you are a victim of violence and you are afraid to talk to an emergency operator, you can always dial the number and just let them listen to what is going on in the house.

if you hear your neighbors having a loud fight, you can contact the police. If you are unable to report domestic violence when it happens, you can call the National Domestic Violence Hotline at a time when it is safe.

File a Restraining Order

Once a victim has contacted the police, the person claiming domestic violence will request a temporary restraining order be filed. The plaintiff will simply go to court and ask for a restraining order from the judge. The defendant does not have to be notified.

The plaintiff will present any evidence that they need to build their case. If the judge approves, a police officer will deliver the temporary restraining order to the defendant within 24 hours.

A TRO will prevent the defendant from returning to their home if they share it with the plaintiff. They will also be unable to see their children. Initially, TROs last for about 10 days.

Filing a Complaint

The domestic violence victim will then file a formal complaint with the court. They will fill out one form about themselves and another detailing the domestic violence history with their current partner.

The forms provide details of specific injuries and incidents that have occurred during the relationship. Sometimes a formal complaint against a partner will result in a longer restraining order.

Obtaining a Continuance

When a person is accused of domestic violence, criminal defense lawyer Rahul Parikh advises that they request. a continuance in order to prepare their case. At this point, they will want to hire an attorney and start building a case of their own.

A domestic violence victim will have to prove that they were threatened in some way. Actions that are considered to be domestic violence will include such things as kidnapping, physical abuse, stalking, and homicide.

Domestic violence charges can ruin your life. They may result in court fines and fees, eviction, child support, and alimony. It is important for people on both sides of a domestic violence case to obtain attorneys.

Domestic violence is a serious problem and accusations of it should always be taken very seriously. Everyone should have the right to a fair trial no matter what they have been accused of. Following the proper steps during a domestic violence case will ensure that both sides are heard.

Authoritative Sources: https://www.thehotline.org/