Legal Actions You Can Take After A Domestic Abuse Incident

If you have experienced a domestic abuse incident in a marital relationship, you might feel frightened or anxious about further interactions with your partner. Domestic violence exhibits itself in many forms, with physical, sexual, emotional, and financial abuse as the most common.

If you suspect your partner will hurt you again, you should take quick legal action to prevent any harm to yourself or your children if they become involved. Continue reading to learn three legal steps you can take to protect yourself.

1. Involve the Police

Your first step should involve the legal authorities, who can provide immediate assistance if you call an emergency hotline. If you are in a current situation where your partner exhibits or enacts physically and sexually aggressive actions toward you, find an escape route or lock yourself in a secure section of your house. Ensure you carry your phone with you to call the police.

When you contact the authorities, you should provide as many details as possible to give probable cause to enter your house without a permit. The police can arrest your partner without a warranty, saving you adequate time to apply for a court order.

You should also consider staying with a trusted relative or friend. Additionally, you can request the contact information from the officer to have a direct line should any further incident occur.

2. File for a Divorce

Divorce cases usually require mediation to ascertain irreconcilable differences between both partners. However, domestic violence provides sufficient ground for separation, as it shows a judge that further involvement in the relationship will endanger you.

Your lawyer can help you successfully navigate the legal challenges and requirements to file for a divorce. Your previous contact with law enforcement can provide adequate proof of abusive incidents.

You will also need to file a financial affidavit and a parenting plan. Your lawyer can protect your interests during the proceeding. If you have children with your partner, you can often secure full custody if the partner also acts aggressively towards your children. Additionally, the post-divorce settlement can secure any child upkeep, alimony, and asset division settlements to finalize the relationship.

3. File an Injunction against Your Partner

Sometimes your attorney can stop any relentless calls or attempts to talk after an abuse incident. However, more legal action may be necessary to protect yourself when a partner stalks, persists or threatens you. An injunction can ensure that your partner ceases all contact or attempts to converse or engage with you.

Your attorney will help you to file a petition against your partner. Additionally, your attorney will help you collect all evidence and present it before a civil court judge, who will determine if the partner has frequently abused you.

If the judge finds your partner guilty of repeated violent acts, they may issue a restraining order that prohibits them from initiating any contact with you. A restraining order provides legal protection by substantiating adequate distance between you and your partner, which can result in severe legal consequences if they ignore the restraint.

Intimate partner violence can psychologically and physically scar you, especially if you feel betrayed by your partner's lack of empathy and control. Repeated violent incidents can endanger your life if you remain in the marriage.

You should prioritize your mental and physical health to concentrate on your life objectives or raise your children in a more stable environment. Therefore, you should seek legal assistance to protect yourself and your children.

Contact the Law Office Of Leonard Ernest Kerr if you want to take legal action against your partner if they exhibit violent and abusive behavior. Our experience with numerous divorce and injunction proceedings can help you protect yourself and your children and prevent further harm to yourself.