Five things every person should know about domestic violence divorce lawyersApril 22, 2019
If you are going through a domestic violence divorce here are five important things you need to know regarding domestic violence divorce lawyers in Kitchener.
1) A domestic violence divorce lawyer can help you get a restraining order set in place. Typically, domestic violence cases make use of a restraining order more so than non-domestic violence cases since the accused has a higher risk in coming into contact with the victim. Essentially, a restraining order (also known as a protective order) is a legal contract that prohibits the accused from coming into contact with the victim based on a certain specified distance. Moreover, since domestic violence divorce cases involve two previous partners, the restraining order can also order the accused to leave the family home.
2) A domestic violence divorce lawyer in Kitchener can assist in filing a domestic violence lawsuit. A domestic violence lawsuit is set forth to recoup (in the form of money) any medical expenses, loss of monetary funds and pain and suffering that was a direct result from the domestic violence. For example, if an individual faced domestic violence abuse and as a result was forced to attend the hospital, which led to a $1,200 hospital bill for stitches and other medical care the victim is entitled to compensation for this expense from the accused.
3) The filing of a divorce is another factor that is accomplished by a domestic violence divorce lawyer. The first step in filing for a divorce is to fill out a petition in which the petition will state the background and context surrounding why the couple is filing for a divorce. Next is a temporary order if one of the partners depends on the other for financial support or will gain child custody and thus is requiring child support funding. Following this is the service of process also commonly known as ‘being served’ with the divorce petition. This leads to the party responding via filing a response to the petition. The second last step is negotiation where both parties attempt to resolve the issue at hand either together, with a mediator or through arbitration. If the previous steps in the negotiation phase are unsuccessful in mitigating the conflict the divorce will lead to trial. One must keep in mind that all divorces vary in procedures, therefore the previous steps only represent a general framework and are not absolute.
4) Domestic violence divorce lawyers in Kitchener can also apply for their client to gain custody over the children. In most domestic violence cases the victim typically gains custody over the children, while the accused may lose custody in efforts to protect the children from domestic violence.
5) Fundamentally, the domestic violence divorce lawyer can actively represent you in trial, which is commonly known. However, the process in dealing with emotions as well as the law within a trial may become problematic, as the law can be harsh on individuals and entire families during a domestic violence divorce. Overall, it is important to clearly communicate what you want out of the domestic violence divorce to your lawyer to ensure they are able to file the correct documents and act appropriately in a timely manner.