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What Legal Action Can Victims of Domestic Violence Take?

Consideration was given for the editing and publication of this post.

In most cases, domestic violence will make the abused person choose between two things, either stay and live with the abuse without saying anything, or simply running as far away as possible from the one abusing them.

Sadly, these are the two things most people consider and they don’t even think about taking legal action. The latter is probably the fastest and easier way to keep yourself safe from domestic violence in the USA.

Even though it may sound difficult, taking legal action comes with a lot of support which can help you deal with the legal measures implied. Naturally, most of the support will come from your domestic violence attorney.

 

What Legal Action Can You Take?

First of all, you can rely on a lawyer or solicitor to tell you more about the rights that you have, as well as about how to take legal action and what you should do to prevent domestic violence. 

In terms of legal action, you can do the following:

 

  • Press Charges

You may press criminal charges of assault and battery against the one responsible for domestic violence. However, keep in mind that doing so will require you to go to court to testify, as well as include medical evidence to support your claim.

 

  • Non-Molestation Order

This type of order is a civil court one. It means that, instead of dealing with the issue through the police, you take the order out yourself in a court of law. 

A non-molestation order is meant to prevent your partner from threatening or using abuse against you or your children. This includes harassing, intimidating, or pestering you. 

 

  • Occupation Order

An occupation order is used to regulate who can live in your home/the family home. Naturally, it can also be used to deny the abuser access into the family home or in the surrounding areas. 

 

  • Residential Order

If you fear for your children’s safety, you can rely on a residential order and keep them with you. If the abuser hurts more family members, you can make sure that no one from the abused will be left with them if you decide to move away or deny the abuser access into your home.

 

  • Prohibitive Steps Order

This type of order is helpful when you can’t apply for a residential one – or simply didn’t apply for one. If, for example, the abuser has your children with them and plans on leaving your country of residence, you can use a prohibitive steps order to keep the children in the country.

 

The Bottom Line

Among the legal action that you can take mentioned above, you also have a plethora of rights as an abused person. For example, you have the right to be reasonably protected by the abuser.

This meant that, as soon as you talk with a lawyer or with the police, you will no longer have to worry about any type of abuse. However, the important part here is to notify the authorities as soon as possible and avoid any further abuse.

Naturally, you should contact a domestic violence attorney as soon as possible, as they can tell you exactly what legal action you can take against your abuser.