3 Legal Strategies for Protecting Domestic Violence Victims



Being a survivor of domestic violence can come with a mountain of extraneous difficulties. Physical and emotional abuse can take a real toll on your mental and physical health, as well as your finances. Survivors of domestic violence or sexual violence are also at higher risk for depression, which can, in turn, lead to trouble with job retention, lack of sleep, and poor eating habits.

Many survivors do not know their legal rights or are too scared to seek help. Fighter Law knows just how difficult telling your story is, so we will do the fighting for you. As a domestic violence victim, you are owed compensation, justice, and the relief of knowing your life is back on track. 

3 Legal Strategies for Protecting Domestic Violence Victims

The legal process can be complicated and confusing. Maybe you have already called the police on your abuser but are unsure of the next steps, or you are still contemplating how to get help. On your journey to reclaiming your life, a dedicated criminal defense lawyer can help guide you through the following three legal strategies:

File For an Injunction 

Similar to a restraining order, filing for an injunction is a direct way of prohibiting contact with someone who is threatening violence. Previous abuse does not have to be proven to obtain a petition. An injunction can be used against someone if you are able to demonstrate a credible threat of future violence or abuse. In the case of current or future spousal or partner abuse, it can also be a way to obtain temporary custody of your home. Depending on your relationship with the other person, you may file for one of the following injunctions:

  • Domestic violence
  • Sexual violence
  • Dating violence
  • Repeat violence

An attorney can help talk you through the individual petitions and identify which option fits your case. 

File a Civil Claim 

As a victim of domestic violence, you are owed compensation for the physical and mental abuse you may have endured. Your injuries and your partner’s negligence can result in lost wages, hospital bills, and severe emotional trauma. A civil demand may be filed against your abuser by your defense attorney while you connect with the proper resources you need for recovery. 

Marsy’s Law

You have the right as a victim to be treated with dignity and respect. Many survivors of domestic abuse are hesitant to step forward and take legal action due to fear of being harassed or continued abuse. However, Marsy’s Law was passed to expressly prohibit this. Under Marsy’s Law, a victim is guaranteed the following: 

  • The right to be reasonably protected
  • The right to be free of intimidation
  • The right to due process

If you feel your rights have been violated, you can file a motion in your assailant’s case. It is advisable, however, to discuss this matter with your dedicated lawyer first. 

How Fighter Law Can Help You Today

Navigating life after surviving domestic violence can feel calamitous, especially if you decide to pursue legal action against your abuser. Fighter Law is here to help protect your future and fight for your rights. We understand the extreme difficulty of rehashing traumatic incidents and will help to build up your case so the process is as painless as possible for you. 

Our board-certified team of lawyers will be by your side throughout the process and are ready to take your case to court if need be. For help with protecting your rights, call a compassionate criminal defense attorney today at (407) 344-4837 or fill out our online contact form. Initial consultations are free.

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