Domestic Violence & Abuse Attorney Serving the South Metro
This is an urgent situation, so let’s get right to it. These are the two kinds of domestic abuse:
- Assault (bodily harm or inflicting fear of bodily harm)
- Terroristic threats (verbal threats of harm)
If your spouse (or significant other) is doing either of these to you, then you’re a victim of domestic abuse. If you’re inflicting either of these on somebody else, you’re a domestic abuser. Whether you’re abused or accused of being the abuser, you’re going to need an experienced family law attorney.
I Was Abused … What Do I Do?
1) Hire a family law attorney to walk you through the next steps.
2) Fill out an affidavit and petition, then file with the court. The petition must include:
- Specific outline of abuse – preferably with dates and supporting documentation
- The locations you want to be protected (for example, “home and within 5 blocks”)
- Any relevant medical reports, police reports, texts, emails, and pictures
3) The perpetrator must be served PERSONALLY. The sheriff will serve the accused.
4) A judge will grant or deny on ex parte if there’s imminent danger.
5) Evidentiary hearing. This is usually a week or less after personal service and includes:
- One judge and no jury
- Testimony taken
- Exhibits entered through witnesses
- Opening and closing arguments
I Was Accused of Domestic Abuse … Now What?
First, you definitely need to hire an attorney. From there, you have three options:
- Accept the order
- Agree to it without findings of abuse
- Make the victim prove it by an evidentiary hearing
Why You Need a Domestic Abuse Lawyer
Whether you’re the victim or accused of domestic abuse, you need a lawyer. One of the biggest reasons is that different rules of evidence apply. Some examples of problematic areas include:
- No notice of witnesses
- No pre-exchange of exhibits
- Hearsay is allowed
- Leading questions are usually allowed
- The victim MUST testify and be subject to cross-exam
You’ll also need an attorney for settlement negotiations, such as:
- Agreement w/out findings
- Negotiable terms
- Different terms for different parties
- Agreements separate from family court
Contact Our Law Firm Today for Your Free Consultation!
At Therres Law Office, our family law attorneys are welcoming, personable, and collaborative. We offer a comforting presence and give helpful guidance from a place of genuine care.
But when it comes to unfair negotiations and unfriendly courtrooms, our claws come out. We are probably all that stands between you and an overwhelming judicial system, so we take it very seriously.
We’re eager to wield our experience to help you feel safe and self-assured as you negotiate terms that affect the most precious part of your life — Your family. Call 952-226-2223 for your free consultation!