Escaping an abusive relationship can be a difficult and scary situation. Victims of domestic abuse are often afraid to speak out, and many have trouble finding the resources they need. Fortunately, spousal abuse claims are taken very seriously by family courts, which means that the most important thing a victim can do is act as soon as possible.
Take the Necessary Measures Right Away
If you are the victim of violent domestic abuse, your safety is of the utmost importance. Call the police if you are in any immediate danger. From there, contact your local domestic violence relief agency, such as Mutual Ground in Aurora. Most counties have resources to help victims find shelter and other accommodations.
Leaving the House
In emergencies, it is okay to leave the house and take your children with you. However, in non-emergency situations, contact your lawyer first. Your lawyer can advise you about the best way to separate from your spouse to avoid negative consequences later in court.
File Criminal Charges
If you are attacked, there several criminal charges that can be filed. First and foremost, make sure that you are safe – then contact the police as quickly as possible. Often victims of violence blame themselves. You are not the problem. Your abusive spouse is. Document the attack.
Understand How Courts Can Help
Civil courts sometimes move much faster than criminal courts. Use this to your advantage. A domestic violence order of protection is a civil court order that allows you immediate protection. It also may be possible to get a temporary court order for possession of a house or car, possession of kids, or a restraining order. You can obtain these civil remedies at the same time you file criminal charges.
Protections Under an Order of Protection
Orders of protection provide a myriad of remedies, including:
- Order granting you possession of your home;
- Orders limiting access by the offender to you and other family members;
- Orders protecting pets;
- Orders allocating personal property;
- Orders requiring counseling.
Orders of protection also require the relinquishment of the F.O.I.D. (firearm owning permit) for the offender, along with other remedies.
Any violation of an order of protection is deemed a criminal violation and will subject the offender to immediate arrest. All police agencies in the state have access to a computerized registry of protection orders and will aggressively enforce them when violated. These are very powerful orders for victims of domestic violence.
The entire process of divorcing an abusive spouse can be trying, both mentally and emotionally. Your city or county may provide social services such as therapy, counseling, and psychiatric care. Often some non-profits can help with the cost of these services. Attorneys at Peskind Law Firm are fully dedicated to helping our clients stay safe and win the best settlement possible. If you are the victim of domestic abuse, contact us today at (630)444- 0701, and let us help restore your life.