An experienced domestic violence lawyer will provide legal guidance, advocacy, and representation to those who have been abused by their spouses or partners. A variety of cases are handled by these lawyers, across multiple legal areas, to ensure victims’ rights and justice.
- Restraining orders/orders of protection
Restraining orders, also called orders of protection, are frequently sought in domestic violence cases. These court orders aim to legally restrict or restrain the abusive individual from contacting, harassing, or approaching the victim. Domestic violence lawyers represent and advise clients on successfully attaining emergency, temporary, and permanent restraining orders which order the abuser to move out of the home, stay away from the victim’s workplace, and cease all contact. Violating a restraining order constitutes a crime, allowing police to arrest the violator.
- Divorce proceedings
Victims of domestic abuse often seek to permanently separate from their abusive spouse through divorce. Domestic violence lawyers provide legal counsel on issues like child custody, visitation rights, spousal support, and division of assets during contested divorces. Lawyers aim to secure the most protection and support for the abused spouse in the divorce decree while minimizing further trauma. Domestic abuse is invoked as grounds for an at-fault divorce in some states.
- Child custody and visitation cases
For clients with children, domestic violence lawyer focus heavily on obtaining favorable child custody and visitation rights within divorce proceedings. The goal is to arrange custody that maximizes the safety of the victim and children. Lawyers may argue against joint custody, unsupervised visitation, or other arrangements that give abusive spouses access to children. Courts consider domestic violence as a factor in making custody determinations.
- Child and spousal support petitions
Many domestic violence victims file petitions seeking temporary and permanent child support and spousal support (alimony) during and after divorce proceedings. Lawyers represent clients throughout this process to advocate for the maximum allowable financial support to establish independence and stability post-separation. Support orders can cover aspects like housing, health care, education, child care, and other living expenses.
- Immigration cases
Lawyers help domestic abuse victims file special petitions under the Violence Against Women Act which grant legal immigration status without relying on an abusive spouse. They also represent clients seeking asylum due to domestic violence persecution in their country of origin. Lawyers handle paperwork, accompany clients to immigration interviews, gather country condition reports, and more to support these immigration applications.
- Housing issues
Domestic violence lawyers assist clients facing housing challenges like lease termination, eviction, discrimination, and homelessness. Lawyers negotiate with landlords, defend eviction lawsuits, and connect clients with emergency shelter grants. Housing rights are protected under the Violence Against Women Act.
- Privacy and security assistance
Lawyers aid clients in taking steps to protect their privacy and enhance personal security post-separation. It involves completing a confidential address program application, requesting phone and mailbox transfers, closing joint bank accounts and credit cards, securing sole custody of children’s records and documents, changing passwords and locks, installing security systems, and more.
