Domestic Violence is never acceptable. In addition to criminal prosecution, domestic violence can lead to Injunctions and serious consequences in Divorce and Family Law matters.
If you are a victim of Domestic Violence the first thing you need to do is call the police and report it. Too many victims wait to call the police. If you have been intentionally touched or struck against your will, the crime of Battery has been committed against you. If you have been put in fear of imminent harm by the threat of violence against you by a person whose act has shown ability to do so, an Assault has been committed against you. Don't call your Mom, your friend or your lawyer. Get out of danger and call the police. DO NOT tell the police or the State Attorney that you do not want to prosecute or want to think about it. You may think that you can save your relationship, and perhaps you can, but you should seek the advice of a therapist and an attorney. People who are willing to become physically violent with their partner do not often change.
After you have found safety and dealt with the police. Calm yourself down. You did not do this and you did not deserve this. The next step is to consider how to protect yourself. You have the right to file for a Domestic Violence Injunction. There is no filing fee and you can get the paperwork at almost any courthouse. A Domestic Violence Injunction may provide you with exclusive use of the home, temporary custody of your children, temporary spousal and child support. If you have pending Divorce or Family Law litigation, you may want to consult your attorney who can help you with the Petition. If you are a victim of Domestic Violence and need the help of an experienced attorney, call Michael D. Fluke, P.A. today.
The other side of Domestic Violence Injunctions are Parties involved in Divorce or Family Law litigation who are not legitimate victims, but attempt to use the system to gain an advantage. Unfortunately, I have seen this happen all too many times. People have been ejected from their homes, prevented from seeing their children, and even arrested base on fraudulent allegations. Although you have the right to represent yourself, this is not the time to go without an attorney. False accusations of Domestic Violence must be taken very seriously. If not handled properly, they can effect your civil rights and a variety of your rights concerning your children. If you have been falsely accused of Domestic Violence, contact Michael D. Fluke, P.A. today.