If you are a victim of domestic violence or your partner has been accused of abusive behavior, there are many different types of Domestic Violence Legal Help available.
Legal aid helps victims of domestic violence navigate the civil court system, allowing them to protect themselves and their children. It can also help them gain economic independence and rebuild their lives.
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Legal Representation
One of the best ways to protect yourself from domestic violence is to seek legal help. A lawyer can help you leave the abusive relationship, file for a restraining order or press charges against your abuser.
Some lawyers also provide pro bono (free) legal representation to victims of domestic violence. These lawyers work to protect the rights of their clients, help them obtain economic independence and rebuild their lives after abuse.
This legal assistance can have long-term benefits for victims of domestic violence and their children. For example, it can reduce repeat incidents of domestic violence, saving public money on medical care, counseling and police resources.
The Safe Center works to provide free legal services through our Community Law Representation (CLR) programs. These CLRs are affiliated with local domestic violence programs and offer direct legal assistance to survivors.
Financial Abuse
Financial abuse is one of the most common forms of coercive control that domestic violence victims experience. It can affect their ability to leave an abusive partner, causing them to stay with their abuser for longer and experience more danger.
Many abusers will restrict their partners’ access to money, such as by threatening them with jail time and confiscating their paychecks, credit cards or ATM cards. They may also use the victim’s personal information to gain access to their bank accounts or steal their identity and credit report.
A victim’s financial independence can be severely compromised if their abuser takes out a loan or credit card in their name, runs up debt, or uses the funds to buy things they shouldn’t be buying (like clothing or food). This can damage the victim’s credit and make it difficult for them to get a job or a car in the future.
To protect yourself from financial abuse, keep your checks and other money in a safe place that only you know. Don’t share your debit PIN and regularly review your credit report.
Child Custody and Visitation
If you’re a victim of domestic violence and are going through a child custody dispute with your ex, it’s important to understand how family law courts treat this situation. Specifically, you need to know how a judge will view domestic violence as a factor in your case and what type of visitation rights they’re likely to award.
There are a number of factors that influence the court’s decisions about custody and visitation. One of the most influential is a finding of domestic violence or a pattern of abuse.
Almost half of states have laws that make a presumption against sole physical and legal custody when domestic violence is a proven factor in the case. This presumption means that the court will grant joint custody to both parents unless there is an extreme circumstance that would cause it otherwise.
Restraining Orders
Restraining orders are a form of legal action that can protect an abused woman. These orders restrict access to the person accused of domestic violence for a specific amount of time, generally up to five years.
While restraining orders are not always successful, they can be used as a last resort to prevent further violence. A New York City restraining order attorney can help you understand your options and work to get one.
A restraining order can also affect your rights with respect to custody and visitation of your children. Some jurisdictions allow you to ask the court to make temporary custody/visitation decisions while the case is pending.
In many cases, a restraining order can be requested “ex parte,” meaning that you can file it without your abuser knowing about it. You can then request a hearing to present your side of the story and defend against any charges filed. This process can be time-consuming, but it can give you the chance to build a strong case for your safety and the protection of your children.
