What All Family Lawyers Should Know About Domestic Violence
February 28, 2022
While the couple usually faces domestic violence, it affects everyone involved, whether the couple, the kids, or the other immediate family members. When a family undergoes domestic violence, something vital and precious is lost right then and there, and the crack left behind brings nothing but heartache and loss to the table. While the essential step involving a domestic violence situation is getting help and getting out of that situation, it is easier said than done. Most people stay in violent relationships because of the hurt involved and its aftermath. However, having a good family lawyer by your side makes the entire process a whole lot more amenable, if not easier. If you look for trusted family lawyers in Mesa, Arizona, Jensen Family Law, you’ll need to look no further.
While you will probably be approaching a family lawyer with the hopes of getting the best help, not all lawyers can ensure that. Before you hire a family lawyer, there are certain things you should look into. Below are some things that your family lawyer should know about domestic violence. These pointers will guide you towards the best family lawyer for your specific case.
High Conflict or Domestic Violence?
A good quality family lawyer will know the difference between the two, even though it looks similar to an ordinary observer. At the same time, a high conflict case means that both the involved parties thrive in conflict and gain control over the other. However, in a domestic violence case, one side aims to get more control over the other, resorting to violent behaviors along the way. The people who intend to help those suffering from abuse must know the difference between the two to provide effective solutions. Failing to identify this can lead to more harm than good.
Similar to hiring a lawyer for a car accident, it is better to brace for the worst.
Is Mediation Appropriate for the Specific Case?
While it might seem like both parties are in mediation virtually, the exposure to domestic violence can still be very much present. Mediation has become the go-to approach for most family cases and is a prerequisite before the involved people appear in court. While this is convenient and appears to be an excellent thing for many families, most parents feel more comfortable during mediation than litigation in court. However, in some highly violent cases, this mediation can make things worse. In some cases, it can be potentially dangerous. In such cases, the family lawyer should be able to identify the situation and negotiate with the court accordingly.
Tactfully Ask Questions:
It is essential to understand that talking about an abusive relationship isn’t always easy. While a family lawyer needs to know everything, it must be done tactfully and with due consideration. Most abused people have a hard time opening up about everything, including the extent of the abuse, etc., because of fear like the abuser finding out or hurting them further. That is why it is essential that the family lawyer wins the victim’s trust and makes them feel comfortable to get the complete picture of the abusive relationship. If required, the victim might even need therapy before talking freely.
Is a Restraining Order Required?
Sometimes situations can get so bad that even the thought of proximity might be dangerous for the abused. If the domestic violence gets too intense, the lawyer might also have to decide whether to issue a restraining order, which ensures that the accused is kept far away from the abused, and disregarding the order might land them in a sticky situation like arrest. The family lawyer can also appeal to the court that the accused stays separately to avoid possible conflict or danger. This can help the victim feel safe and secure as they navigate their court case.
While dealing with a domestic violence case, it is essential to remember that every case is different. What works for one might not necessarily work for a different family victim. Like the relationships themselves, the complexities involved are just as diverse. So pick your family lawyer with caution, consider the points mentioned above to have the right fit to ensure that you get the best help and guidance you will require. Having the right family lawyer will make half if not all of the job more simple and manageable to deal with.