Should I seek counsel from a family law or criminal law attorney?
Domestic violence is an intricate area of law. It includes family and criminal courts, although both are different areas from each other. Domestic violence is where family and also criminal laws intersect, resulting in different orders as well as complicated lawsuits. A victim of domestic violence may not know which course to take or whether to employ a family law specialist or a criminal district attorney. Discovering how domestic violence suits both areas of law can help victims as well as defendants understand what to expect.
DIVORCE & DOMESTIC VIOLENCE
A couple that never experienced problems with domestic violence may suddenly experience violent or terrible crimes during a divorce. Divorces can be a volatile time in a relationship and can trigger violent or harmful actions that did not previously exist or were not clear. A spouse might end up being physically abusive and strike, push, or sexually attack a partner out of rage or spite. A spouse might also turn to stalking, intimidating, or bullying an intimate partner to get what they desire, such as particular possessions or custody of their children.
In some cases, one spouse might maliciously allege domestic violence to get custodianship of their kids. The courts will not appoint kids to live with a mom or a dad who they deem terrible or violent. In these situations, the defendant would certainly need to work with a criminal defense lawyer rather than counting solely on a family law attorney for defense versus the adverse claims. Without an experienced attorney, the defendant is in danger of losing in a divorce case.
FAMILY COURT VS. CRIMINAL COURT
Many couples erroneously believe that family and criminal courts will decide in a domestic violence condition, using the same laws and regulations. This couldn’t be further from the truth. Each court has a completely different process for trying domestic violence cases. The family court system is not designed to take on criminal ramifications of domestic violence in a divorce, custodial disputes, or other family court order. Relying on the family courts for a domestic violence case places the victim in danger of being at risk without a proper prosecuting attorney.
The objective of family court is to allow spouses to manage their personal differences before a third party, who can make the final decision. Each person is basically on his/her own, with the state holding little power. Criminal court, on the other hand, makes use of the enormous powers of the state versus the offender. This benefits the victim and could be very bad for the defendant. Considering that the criminal court sees the problem as an offense versus the public, the state can accomplish investigations and prosecution with or without the victim’s testimony.
Throughout a family law court case, there may be no legal protections offered to the victim. Family law procedures operate on the underlying presumption that a family disagreement is not a criminal conflict. Hence, the courts have no remedies for criminal acts associated with family conflict cases. Allegations of abuse in family court open up the flooring for the supposed abuser to defend him/herself and presented his/her own allegations. Ultimately, the abuser has the ability to turn the courts against the victim– a capacity that doesn’t exist in criminal litigation.
In criminal court, the abuser is not permitted to introduce counter-allegations against the target. The defendant can not create new allegations; where he or she may retaliate and try to side-step existing accusations. A victim is, for that reason, better protected. Victims can also request a protection order in criminal courts, which are called restraining orders in Indiana. The victim can request stipulations such as no contact orders, leaving, surrendering of firearms, obligatory counseling, and also paying for the costs for attorney fees where abuse is evident. Comprehending which facet of law will best protect you in a domestic violence situation is crucial to the success of your case. If you are involved in a disagreement that includes physical violence behavior in Indiana, immediately contact a domestic violence attorney that can assist you look via the law and protect your legal rights.
That said, if you’re dealing with a situation that doesn’t involve criminal acts and just need to ask questions concerning a divorce, marital dissolution agreements, or child custody disputes, call 317-762-3263 and you will be connected with a family law attorney in your area.
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