According to the
National Coalition Against Domestic Violence (NCADV), nearly 10 million individuals are victims of domestic violence every year. That equates to about 20 people per minute being physically abused by an intimate partner. Unfortunately, domestic violence often exceeds cultural, economic, and social boundaries. Apart from women and children, men are also victims of domestic abuse. In the U.S.,
1 in 4 men have experienced some form of physical violence by an intimate partner. Pennsylvania is no different.
Fortunately, you can protect your loved ones with the help of a family law attorney. Pennsylvania Law plays a critical role in helping domestic abuse victims. From getting a restraining order to filing criminal charges, you can take necessary steps to prevent further abuse.
Lermitte & Lubin is here to help you understand how to seek legal protection and support when you face domestic violence in Pennsylvania.
Understanding Domestic Violence in the Context of Family Law
Domestic violence is more complicated than you may think. Many victims often fail to realize that they are being abused.
Physical abuse is the most recognizable form of domestic violence, involving bodily harm or the threat of it. However, emotional abuse, such as manipulation, humiliation, and controlling behavior, is often equally damaging. Unfortunately, it commonly goes unreported. It is also difficult to prove. Another form of abuse is financial abuse, where one partner controls the other's financial resources. Recognizing these forms is crucial for you to seek legal protection.
One important fact is that domestic violence can occur in any relationship, regardless of gender, age, or socioeconomic status. No matter who you are, you can be the victim of domestic violence.
Seeking Legal Protection Against Domestic Violence
For victims, obtaining legal protection is often the first step towards reclaiming their lives. Pennsylvania family law recognizes how grave this issue is. However, you do need to learn to recognize the signs of domestic violence. It will help you reach out for help and hold the abusers accountable.
In Pennsylvania, one well-known legal remedy is securing a
protection from abuse (PFA) order, a commonly known type of restraining order. This legal document prohibits the abuser from contacting or approaching the victim, providing a critical layer of defense. Additionally, victims may explore the option of filing for divorce or separation. It's the best means to break free from your abusive relationship.
#1. Criminal Charges
In cases of severe abuse, family law intersects with criminal law. You can press criminal charges against your abusers, which can lead to potential arrests, prosecutions, and penalties. Legal authorities in Pennsylvania take domestic violence seriously. If they pursue criminal charges, it can result in restraining orders and other protective measures.
#2. Child Custody and Visitation Rights
Domestic violence can impact your
child’s custody and visitation arrangements. Family courts in Pennsylvania prioritize the safety and well-being of your children when determining custody. A history of abuse may influence the court's decision and can potentially limit the abusive parent's access or require supervised visitation.
#3. Property and Financial Protection
In Pennsylvania, family law extends its protection to financial aspects affected by domestic violence. As a victim, you may seek spousal support or the allocation of marital assets. The court will divide marital assets equitably. This can mean that when one spouse has financially abused another, the equity can move towards the abused spouse to account for the lack of equity during the marriage. In other words, they may consider financial control and abuse when deciding alimony and marital asset division.
#4. Counseling and Treatment Orders
Family courts may mandate abusers to attend counseling or treatment programs as part of their legal consequences. These orders aim to address the root causes of the violence and reduce the likelihood of them reoffending. Completion of such programs may be a condition for the abuser to regain certain rights or privileges within the family law context.
Support Services for Victims
Legal protection is a cornerstone. You should seek help from an experienced
family lawyer in Pennsylvania, such as those at Lermitte & Lubin. But emotional and financial support are equally critical.
#1. Domestic Violence Organizations
In
Pennsylvania, many organizations and nonprofits offer a lifeline to domestic violence victims. They often provide assistance tailored to the unique challenges faced by survivors. You can get emotional support, guidance, and resources. They can also help you navigate the legal process and secure temporary shelter if needed.
#2. Counseling and Therapy
As you may already know, domestic violence victims often face emotional and psychological challenges. Seeking counseling or therapy can be instrumental in your healing process.
#3. Community Resources
You can also find different community resources that help victims. Shelters, hotlines, and support groups offer a network of care for those seeking to break free from abusive relationships. Also, family lawyers often work with these organizations to provide comprehensive support. Be sure to talk about it with your attorney.
#4. Know the Role of Family Lawyers
In Pennsylvania, family law or domestic violence lawyers help you seek legal help. They advocate for victims like you in court. They make sure your voice is heard, and your rights are protected. Your attorney will represent you during legal proceedings, helping you obtain protection orders or file for a divorce.
Most domestic violence lawyers work with other professionals, including counselors, support organizations, and other mental health professionals. Together, these professionals can provide you with a holistic support system. This collaborative approach ensures you receive the emotional and financial support needed for a successful recovery.
Legal Considerations and Challenges
You need to prove the existence of abuse. You may also need to address concerns about false accusations. Overcoming these legal barriers is not easy. However, your domestic violence lawyer is instrumental in addressing legal challenges like these.
Talk to a Reliable Family Lawyer at Lermitte & Lubin Now
Domestic violence requires a multifaceted approach, with family law leading in providing legal protection and support. As a victim, you should know your rights and the available legal remedies. More importantly, you should be able to seek help from a professional domestic violence lawyer immediately. Remember that you are not alone. There are many organizations, support groups, and legal professionals working hard to create a safer environment for domestic abuse victims.
If you or someone you know is experiencing domestic violence in Pennsylvania, don't hesitate to reach out to Lermitte & Lubin for legal assistance. Contact us at our Kingston, PA office today to schedule a free consultation.
