Domestic Violence/Domestic Abuse
It is widely believed that a report of domestic abuse episode is not an isolated case for the parties involved. That is, an abusive relationship is often defined as a pattern of actions, with the abuser repetitively using violence and intimidation in order to control the behavior of another person. This psychological or physical abuse has often been dubbed as a “cycle of violence,” and is inappropriate in domestic life.
In these situations, when divorce law meets criminal law, it is highly recommended that individuals seek a protective order through the courthouse. Fairfax divorce attorney Claudia J. Zucker has extensive, practical experience addressing concerns of physical safety and divorce, and is an advantageous legal resource to have on your side. Whether you are already going through divorce proceedings or need to file for divorce because of domestic abuse, it is imperative that you seek protection from local law enforcement immediately. Then, contact a trusted divorce attorney who can keep you focused on obtaining a better life for yourself and your children.
Why Victims Stay in Abusive Situations
One of the most common reasons that victims remain in abusive relationship is the perceived notion that divorce will be a cumbersome, or even dangerous, choice. Victims get caught in the “cycle of violence,” because they are fearful the violence will get worse if they leave. Other common reasons that victims remain in domestic violence situations include:
- Fear for the safety of their children
- Fear of losing custody of children
- Lack of supportive family and friends
- Religious/cultural beliefs
- Lacking knowledge of or access to safety
- Unable to financially support themselves and any children
- Letting the memory of “the good times” overrule a decision to leave
The reasons that an abuse victim stays in the relationship are very complex. It is critical that a victim of abuse reaches out for professional help from an attorney and law enforcement. An experienced divorce law attorney can advise measures to take to ensure the absolute safety of all victims. Attorney Zucker always puts the safety of her clients as top priority, and all conversations – even initial ones – are completely confidential.
Obtaining an Order of Protection in Virginia
Protective orders in Virginia are legal documents that protect the health and safety of an alleged victim from future attacks by mandating a level of distance between the complainant and his/her alleged abuser. Virginia has three protective orders that can be issued. They are as follows:
- Emergency Protective Order
- Preliminary Protective Order
- Protective Order
To issue a preliminary protective order to a household member, you will need to do to the domestic relations court in your district. The preliminary order will last until the full hearing, in which a judge will determine whether the protective order should be issued. In Virginia, protective orders can last up to two years. The judge can also order the abuser to pay court-associated fees and any other costs associated with the abuse. These expenses can include medical, moving, and loss of wages suffered by the complainant and/or children involved in the dispute. It is advisable that you secure strong legal representation for these court proceedings. Ms. Zucker not only helps her client efficiently navigate complex court proceedings, but also helps her client remain stable and confident while making such allegations against an abuser.
How Domestic Abuse Affects Custody and Visitation Decisions by the Court
The state of Virginia as well as the District of Columbia heavily considers domestic violence in making their decision regarding child custody and visitation rights. This means that if your spouse is convicted of domestic violence or assault/battery, there is no reason why your children ever need to be placed in a situation where measures of protection from violence are not in place.
If You Were Issued a Protective Order by a Household Member
It is frightening to be issued a restraining order by a spouse, or other household member. If you are facing domestic violence charges, it is imperative that you have a knowledgeable attorney working on your behalf. Contact Claudia J. Zucker in Fairfax, VA to discuss how the order can affect your case and determine a defense strategy that strives for your best possible outcome.
