Rutland Domestic Violence Lawyer
Domestic violence is a dangerous form of abuse that occurs between two people who share a close or intimate personal relationship. Domestic violence can come in many shapes and forms, such as physical assault (hitting, choking, slapping), verbal threats, stalking, sexual violence, and more.
While the victims of domestic violence include both women and men, domestic violence is one of the most underreported crimes. Not speaking up, however, can be a grave mistake. Studies have shown that abusive partners tend to get more controlling, frightening, and abusive over time. If you are a domestic violence victim in Rutland or surrounding areas, it is important to contact a domestic violence attorney immediately to understand your rights and protect yourself from further harm. (If you have been wrongly accused of domestic violence in Vermont, scroll to the bottom of this article for more information.)
Restraining Order for Domestic Violence in Rutland
Whether you still live with an abusive spouse, or you have already sought refuge from an abusive environment at home, it is important to make a plan of action before you are confronted with the next abusive situation. One thing you can do immediately is file a restraining order, or “Relief from Abuse” (RFA) order, as it is referred to in Vermont. RFAs help to protect you from the abusive individual, as it will serve as an official legal order to the abuser to stay away from you, which is enforceable by the police.
In order to obtain a protective order from the court, you have to prove why you need protection. You do not want to just “wing it” on your own when it comes to a court order for your personal safety. With over a decade of experience with relief from abuse actions, our firm will stand by you with all the resources of the law at our disposal. We can subpoena witnesses, gather evidence, and stand up for you in court to demonstrate to the judge why a protective order is needed in your situation. Call today to schedule a consultation and start building your case.
Domestic Violence AND child custody cases in Vermont
Evidence of domestic violence can have a significant effect on your child custody case. If a spouse is abusive to a child or abusive to you in front of the child, it hurts their chances of gaining child custody. When the court determines child custody, it can help sway the court in your favor if you present evidence of domestic violence against the abusive spouse. A judge might put in place special orders for parental visitation rights such as forbidding overnight visits or mandating that exchanges of children take place in public places – like a police or fire station – so that you can stay safe.
Domestic Violence And division of assets in a divorce
In some cases, the court will consider a spouse’s behavior during the marriage when deciding how to split assets in a divorce. A judge may take into consideration domestic abuse that occurred during the partnership when determining how to divide a married couple’s assets fairly. For example, if domestic violence prevented the victim from being able to maintain employment, a court might grant the abused spouse a larger share of the estate.
What if I’ve been wrongly accused of domestic violence?
As shown above, there can be serious implications to your divorce, child custody rights, and overall personal life if you are accused of domestic violence. If you are being wrongfully accused of domestic violence, or someone is filing a restraining order against you, your first step should be to seek the help of an experienced restraining order lawyer. Do not speak to anyone about your case until you speak with your lawyer, since anything you say can be used against you. As an experienced domestic violence and restraining order attorney in Rutland, don’t hesitate to call or email Kevin if you wish to discuss your matter further. We are here to help.