Protection from Abuse
Domestic violence against a current or former spouse, girlfriend or boyfriend, significant other, parent, child, or relative is a crime. Often times, victims feel trapped with no way out and therefore suffer in silence. A Protection from Abuse Order can provide victims with legal protection against further violence or threat of violence. Seeking help from an experienced family law attorney can ensure that your situation is taken seriously by the court and actions are taken to protect you and those you love.
The Philadelphia divorce lawyers at Freedman & Lorry, P.C. have been advocating for victims of domestic abuse for decades. The experienced team family law attorneys at the firm understand the emotional and physical torment their clients endure, and work diligently to protect their rights by obtaining and enforcing Protection from Abuse orders.
In some cases, a restraining order or Protection from Abuse order can be become a factor in child custody disputes. When this is the case, the court will always evaluate the best interests of the child and make a determination with that in mind. If the validity of the claims is in question, a seasoned lawyer can help to separate fact from fiction and ensure a fair outcome is achieved.
Domestic Violence Can Take Many Forms
The most dangerous form of domestic violence involves physical assault. Hitting, punching, pushing, biting, or throwing objects that result in physical harm or the threat of physical harm are illegal. Any person that inflicts physical harm such as bruises, broken bones, cuts, or lacerations on another person can be arrested and charged with domestic violence.
Sexual abuse is another form of domestic violence. Spouses and those in a sexually active relationship can suffer sexual abuse in the form of rape or sexual assault. Any sexual act that is forced upon another person without their consent is a form of sexual abuse. Even those in marital relationships can be victimized by their partner if they are forced into sexual contact against their will.
Stalking or harassment of a current or former spouse or partner is also considered domestic violence when it threatens the safety of a victim. When one person consistently follows the movements of another, the victim begins to feel threatened by the other’s unwanted presence. In some cases, ex-spouses or ex-girlfriends and boyfriends harass the other through phone calls, text messages, and social media contact to the point that the victim’s freedom of movement can be compromised. The victim may also perceive a threat of danger from the unwanted solicitation.
Though victims of domestic violence can enlist the help of law enforcement, it can be difficult to prove harassment or stalking. Those with physical evidence of violence or sexual assault can have their abuser arrested, but the problem is that they are often released from custody while awaiting prosecution. Victims live in fear of a further attack out of retaliation and may be confronted by their assailant. Many victims reunite with their abuser when they are released from custody out of fear or the threat of physical harm. Once domestic violence has occurred, it is likely to continue.
Protection from Abuse Order
A Protection from Abuse Order is a civil action taken by the victim that prohibits physical, verbal, and other forms of contact from the person named in the complaint. This type of legal action can have a lasting impact on a person’s future, so there are very strict guidelines for approving a request for this type of protective order. An experienced domestic violence lawyer can ensure that the request is presented with valuable evidence to prove its validity.
In any type of domestic violence case, it is imperative that law enforcement officials are called in to diffuse the situation from escalating, and to ensure that a police record is on file to document the allegations. Once the victim is removed from immediate danger, they can file a petition in civil court for a Protection from Abuse Order. A civil court judge will either approve or deny the request and then set a date for trial. If the request is approved, a temporary restraining order will be in effect until the trial date. At the trial, the judge will determine if the protective order should remain in effect, how long it will remain in effect, and will also outline the details of restricted contact.
The victim and the alleged abuser can avoid the court system entirely if they agree to the filing of a Protection from Abuse Order. The victim benefits because it eliminates the presence of a judge that could decide against them, and the abuser benefits by only agreeing to have the restraining order placed against them. They do not have to admit to any wrongdoing in this case.
Philadelphia Divorce Lawyers at Freedman & Lorry P.C. Represent Clients in Matters Related to Domestic Violence
If you or someone you know has been a victim of domestic violence, the experienced Philadelphia divorce lawyers at Freedman & Lorry, P.C. can help. Call us at 888-999-1962 or contact us online to schedule a consultation today. Our offices are located in Philadelphia, Cherry Hill, New Jersey, and Pinehurst, North Carolina, serving clients throughout the surrounding areas.