How Do You Prepare for a Domestic Violence Case?

Six Things you Need to Know when Filing for Domestic Violence Case

The term here “domestic violence” involves all forms of abuse or threat of abuse of physical, sexual, verbal, emotional, and economic nature which can harm or cause injury to health, safety, life, etc. and that can be mental or physical. The definition also includes child sexual abuse, harassment to a woman or her relatives on demanding unlawful dowry demands, and marital rape.

If you want to file a case with family law attorneys in Long Beach, here are 6 things you need to know when filing a DOMESTIC VIOLENCE case:-

  1. Very firstly you have to file a case. After filing your request for a Domestic Violence Restraining Order, then the court will schedule a hearing in your case accordingly. While hearing, a judge will have to decide whether there is true evidence in favor of the victim. There are protective orders which a judge decides which prohibit the abuser from meeting the victim and coming to the victim for some fixed time.
  1. In case victims have minor children, then the judge orders the custody of the children to be granted exclusively to the victim to ensure children’s safety from abuse or any more abuse. If the abuser commits any domestic violence in Long Beach, the court orders the abuser to have only supervised contact with the children. A judge may order the abuser to have no contact with the children in some serious case.
  1. you must be prepared to provide the court with a true and complete problem of your relationship with the abuser, which also includes evidence of past abuses because this can be very supportive for establishing the protection of yourself and your children and this can be done successfully with the help of a family law attorney in the long beach and get justice against domestic violence.
  1. If you are planning to seek any kind of emergency support or maintenance i.e. financial support in your domestic violence case, you must test all your financial needs which include rent, child care, food, and insurance, and all the financial resources such as income and assets. You can also make a list of all your incomes and monthly expenses with the help of a family law attorney, and provide the court with all the important documents. You can also put his or her income as evidence with a copy of tax returns (if partners are joint).
  1. It is very important to choose a family law attorney or a lawyer who is specialized in this type of case especially any kind of domestic violence or issue and who is familiar with all the laws and court practices. But the most important thing is that you have to be completely true, faithful, and honest with your selected lawyer.
  1. The main important way can be here is while looking forward to helping as a victim of abuse, you must importantly consider how private your computer, phone, and social media are. If there is anything you can and would do to prevent anyone else from knowing that whether you are doing research or getting help. Some victims might use the same computer or device as the abuser or may have a phone that allows the abuser to see all the calls which are made and received. Many kinds of technology can also be used as security at home, cameras, and GPS in cars and phones can also be used to monitor by the abuser.

Domestic violence statistics are increasing. The report according to the research regarding domestic issues are the following:

  • Around 1.3 million women are victims of physical assault by her partner every year.
  • Estimated one-third of female victims are killed by their partners.
  • According to the research approximately 70-80% of the man have physically abused the woman before their murder
  • This increasing physical and can be family violence which results in more than 18.5 million mental health issues with every passing year.
  • According to the research, family law attorneys have seen that 85% of domestic violence victims are women of society.

Domestic violence is handled in three types of different courts:

  1. Criminal court:-

This is a court where the state will have to prosecute the abuser with the help of family law attorneys Long beach (possible crimes may include abuse of an intimate partner, abuse of elders, murder, rape, assault, kidnapping, false imprisonment, trespassing, stalking, unlawful possession or concealment of a weapon, intimidating a witness, and many of the others).

  1. Civil court:-

This is the court where you may address any kind of violation of a protection order or sue for the damages of money(possible civil laws may include sexual harassment, personal injury).

  1. Family or Divorce court:-

Family violence can directly or indirectly affect the divorce procedures and can become a major factor in limiting or prohibiting the abuser’s rights to child custody or visitation privileges which can affect the case badly.

If you are one of the victims of domestic violence or if you feel that you are in danger, you can look for any law firm or expert domestic violence attorneys in Long Beach that can help you to find a protective or restraining solution.

Conclusion

Do not completely rely upon the bits of advice of friends or family. It’s better to speak with an experienced attorney and appoint him/her as a family law attorney on long beach. These cases are sensitive and need to be carefully managed by a professional. I wish you all the luck that prevails!

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Has Domestic Violence Risen Since the Coronavirus Shutdown?

During the quarantine required by the coronavirus pandemic, people are frightened of previously innocuous activities: using public transportation, going grocery shopping, visiting with friends, even having contact with loved ones. For most of us, though, home is our safe haven. Tragically, for those who are victims of domestic violence, home, where they are cooped up with their abuser, is the most dangerous place of all.

If you are a victim of domestic violence, COVID-19 has most likely made your life more frightening while simultaneously making it more difficult to seek help because you are almost constantly under the watchful eye of the person you fear. There is still help available though, through domestic abuse hotlines, law enforcement (911) and experienced, well-connected domestic abuse attorneys who will do everything possible to protect you.

If there is more domestic violence occurring, why was there a lull in calls for help?

Even though at first fewer domestic violence calls were made during the pandemic, experts in various related fields who deal directly with the problem — police officers, psychologists, medical doctors, social workers, teachers, counselors — were well aware that fewer calls just meant victims lacked access to helplines. Family law attorneys, too, noticed an eerie, temporary pullback from troubled family members. Having abusers more in control than usual is terrifying.

The Messages are Now Getting Through — Domestic Violence is on the Rise

More and more reports of domestic violence are coming in all over the world. Victims call for help from locked bathrooms and locked cars, in the middle of the night or while walking the dog. Their friends and neighbors, relatives and teachers call in too, reporting violent behavior identified by sight or sound, and investigators are reaching out, listening to stories as familiar as they are disturbing.

Those who have dealt with victims of domestic abuse, and the victims themselves, know all too well that catastrophes, large and small, worsen this type of violence. Illustrative examples can be found in statistics gathered during and after hurricanes, floods, and other natural disasters when complaints skyrocket. New estimates from the United Nations Population Fund suggest that three months of quarantine will result in a 20 percent rise in domestic violence worldwide.

Why is domestic violence surging during the coronavirus shutdown?

There are multiple causes of the awful increase in domestic violence during quarantine and each tends to exacerbate the others:

Stress

As noted, natural disasters precipitate elevated levels of domestic violence. Coronavirus, as natural as any of the other disasters, involves the added stress of being “novel,” unknown to this population. However stressful hurricanes may be, most of us have been through them before. We know how to prepare for them and know that, as much damage as they cause, they only last for days.

No one knows the end date of the coronavirus, how it will alter our future lives or for how long. Worse, no one knows who will be personally impacted by the disease or how severely they will be affected. On top of everything else, it has been scientifically proven that stress hormones (like Cortisol) are associated with increased aggression, meaning the more stressed the abuser becomes, the more likely he/she is to become violent. 

Isolation

It is well-known that social isolation enables domestic violence. This is why abusers try hard to separate their victims from family and friends. During the pandemic, when workplaces are closed, visiting is discouraged, and even public venues are largely off-limits, abusers have the ultimate control they have always sought.

Joblessness, Financial Instability, Food Insecurity

While other disasters have affected local businesses adversely, there have not been so many unemployed people since the Great Depression. Because the catastrophe is global and many forms of transportation increase risk of contagion, relocation is not a useful option.

In addition, with tens of millions of people unemployed, many families are experiencing food insecurity for the first time. Moreover, in our culture, many men, feeling that their masculinity is threatened by their inability to support their families, turn to violence to regain their sense of power and machismo.

Alcohol

Alcohol is one of the most common elements of domestic abuse. A certain percentage of people, when disinhibited by intoxication, become increasingly belligerent. It has been noted that during this country’s period of sheltering in place, the sale of alcohol has rocketed, in some areas climbing well over 200 percent.

Guns

When faced with external terrors, a certain portion of the population looks to firearms to defend themselves against invaders. Though futile in combating disease, firearms, for some, provide a sense of increased control. Many experts predict that there will be a marked increase in domestic homicide as a result of the increased number of guns in circulation.

No Place To Turn

Not only have law enforcement, legal, and judicial systems been overwhelmed, but many responders to domestic violence complaints are now working from home and may be less accessible than they usually are. Even more distressing, shelters for victims of domestic violence have not only been filled to capacity but are often unsafe for those seeking refuge. Due to their dorm-like settings, social distancing is frequently impossible. 

Who will help you through domestic violence during the shutdown?

Dedicated professionals and volunteers have found ways to function and protect victims during the coronavirus shutdown, and law enforcers are more available to come to your aid as the COVID-19 pandemic passes its peak (at least for now). Phone calls, texts or emails will reach people who can help you learn strategies to cope, ways to escape, and safe places to go.

During this crisis, compassionate family law attorneys are also available. Skilled private lawyers who have extensive experience with this painful situation can give you guidance and hope. They can assist you in connecting with the right resources to keep and your children safe while they help you pursue legal remedies.

Andrew Nickolaou is a founding partner at Bernal-Mora & Nickolaou, P.A. He practices almost exclusively in divorce, marital and family law. Andrew also handles record expungements and sealings. Andrew and his partner, Ophelia Bernal-Mora Nickolaou, joined forces in March 2016 to form the unique and boutique husband and wife family law team at Bernal-Mora & Nickolaou, P.A. Together, Andrew and Ophelia take a practical and team-based approach to all of their cases and clients to deliver the highest quality experience and representation.