Dealing with a Domestic Violence Restraining Order

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday September 13th, 2021

It is neither easy to be a victim of domestic violence nor is it manageable to fight a case against it all on your own. Dealing with a restraining order for domestic violence can lead to grave consequences.

Consequences of domestic violence 

  1. Deportation: You may be vulnerable to losing your legal status in the United States. 
  2. Imprisonment: It will cost you your freedom, with 1 to 3 years of jail time.
  3. Time loss: You will be required to attend a conflict and accountability program for 52 weeks.
  4. Financial loss: In some cases, you may be charged with a penalty of $10,000.
  5. Career barriers: General livelihood and career is affected as the domestic violence charges will be added to your history.
  6. Order to stay away from home: If your partner lives in the same house and is parenting a child, the court may order you to leave the house as it will interfere with the child’s upbringing.

However, there are cases in which the accusations on the individual are false. In that case, there are several ways to defend yourself.

False allegations: 

There can be different reasons why your partner would falsely accuse you of domestic violence. It can gain their benefits in the family court and help them to obtain custody of the child. However, defending yourself is your legal right. The attorney will help you conduct a background check of your partner for any history of false allegations they might have.

Self-defense 

If you want to protect yourself against any dangerous situation, you may use self-defense. However, it could be used against you in court to degrade your records. Moreover, the pressure on police to arrest the oppressor can also make them take the wrong decision at times. 

The attorney will help you find evidence of any past injury through medical history or photographs to prove that you are not the oppressor. Secondly, the complete story can also help you give an edge in the court. 

Accidental injury 

A fight can turn into an accident sometimes. Either your partner or the police can take advantage of the situation and arrest you in the case of domestic violence. However, you can defend yourself with the help of a skilled attorney. Proofs can be provided about how the whole incident happened with the help of the attorney. To know more, get in touch to book an appointment so that we can discuss your particular case in detail. 

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