Domestic abuse can happen to anyone no matter the person’s gender, age, race, or sexual orientation. If domestic abuse is present in a marriage, it can be a solid reason to get a divorce.
What Can I Do If I am being Abused?
When there’s domestic violence in your home, whether it’s you or you and your child being abused, your child will be unfortunately caught in the middle, whether you are married or not. Because of this, it’s recommended that you reach out to child law attorneys in Albuquerque, such as kufferlaw.com, to know more about your legal options.
In situations like this, the court will normally grant a protection or restraining order against the parent who is the alleged abuser. However, the allegedly abusive parent may be granted supervised visitation depending on the specifics of the case.
What Can I Do If I am Being Accused of Domestic Abuse?
If a family law or criminal court finds you guilty of domestic abuse, your child custody rights will be significantly affected. If the court believes that you are a danger to your own child, the court may allow supervised visits, or deny any visitation arrangements altogether. You should seek help from lawyers to help you file a counter-petition if you wish to change a court ruling.
The Difference Between Civil Domestic Abuse Case and Criminal Domestic Abuse Case
With a civil domestic abuse case, a restraining order will be temporarily issued to the accused and the court will hear the case after some time to determine if domestic violence really happened. On the other hand, a state prosecutor handles criminal domestic violence cases. A criminal domestic abuse case can be considered a felony or misdemeanor depending on the severity of violence that allegedly occurred. A conviction can lead to accuser serving prison or jail time.
Domestic abuse is an extremely delicate and serious matter that requires that assistance of an experienced lawyer. Whether you’re the victim of domestic abuse or is being accused of domestic abuse, you need help from a lawyer to guide your through the entire legal process and to ensure that your legal rights will be upheld.