domestic violence victims rights what abusers attorney doesn't want you to know

Why do I need a domestic violence lawyer?

Mar 02, 2022 · The attorney general’s office will also be introducing a new tracking system for domestic violence protection orders, or a court order to provide protection to a domestic violence victim. “Our protection orders are respected across jurisdiction lines, but in the past we’d have to tell our clients ‘Keep your papers with you,'” said ...

What happens to the alleged victim in a domestic violence case?

May 26, 2020 · A federal domestic violence victim has the following rights under 42 U.S.C. Section 10606(b): 1) The right to be treated with fairness and with respect for the victim's dignity and privacy; 2) The right to be reasonable protected from the accused offender;

Who will handle my domestic violence case?

Feb 28, 2022 · An attorney can also help you get the protection you need from future abuse. Therefore, if you are a victim of domestic violence, you need to contact an attorney as soon as possible. Domestic violence is a crime, and an attorney can help you file for a restraining order and represent you in court.

What are the rights of a federal domestic violence victim?

It could also happen with psychological or emotional abuse as well. If you, or someone you know is the victim of a domestic violence situation, know that it is not your fault, and that you can find the help that you need. Don’t hesitate to call the National Domestic Violence Hotline at the toll-free number, 800-799-SAFE (7233).

What is the number to call for domestic violence?

Don’t hesitate to call the National Domestic Violence Hotline at the toll-free number, 800-799-SAFE (7233).

What are the characteristics of a domestic violence victim?

Every case is different and victims may have one or several of these indicators in common. Previously been abused. Feel stuck in a poor situation. The victim may be an alcohol or substance abuser.

What are the victims of family violence?

People at Greater Risk: Who Are the Victims Family Violence? 1 Struggles with low self esteem 2 Has a poor self image of themselves 3 Uncertain of their needs 4 Thinks they might be able to change the abuser 5 Believes they can’t do anything to stop the violence 6 Thinks that the abuser’s jealousy is proof that they love them

Why is it so hard for a teenager to leave an abusive relationship?

They may even be forced to have sex, do drugs or alcohol with that individual. It can be hard for a teenager to leave an abusive relationship because they go to the same school and there’s no way to hide.

Can children become victims of domestic violence?

Domestic violence can be felt by more than the initial victim. Children can become secondhand victims to the domestic violence that is taking place in their home, even when it’s not directly aimed at them.

How long does it take for an abuser to bond out?

Depending upon the crime, the abuser may "bond out" (be released) after a few hours. If the abuser has violated a PFA or a restraining order in a divorce action, the abuser will not be able to bond out until the abuser's first appearance before the judge as long as that appearance occurs within 48 hours.

What to do if you have been physically injured by someone in Kansas?

If you have been physically injured by anyone, you can call the police if you live in a city or the sheriff if you live outside the city limits. Kansas is a "mandatory arrest" state which means that a law enforcement officer must arrest a person in a domestic violence situation if the officer believes that a crime has been committed. Physically injuring or threatening to injure a person is a crime. If the injury is committed by a family member, someone you live with or used to live with or a person with whom you share a child in common, it may be a crime of domestic battery. If your abuser has violated a protective order prohibiting the abuser from having contact with you, that, too, is a crime. Show law enforcement officers any evidence of physical violence and any protective order which prohibits the abuser from contacting you.

How to get a PFA?

A PFA is a court order that can address the following: 1 Prohibit the abuser or both you and the abuser from contacting each other; 2 Grant possession of the house/apartment/dwelling unit to you and forbid the abuser from coming onto the property. However, if you are not married to the abuser and the abuser owns the property, the judge cannot give you possession of the house. 3 Require one of the parties to provide housing for the spouse and minor children of the parties; 4 Award temporary custody, residency, and parenting time in regard to the children; 5 Order law enforcement to evict one of the parties from the household; 6 Order child support and/or maintenance (alimony) to the spouse for a period of one year which can be extended for an additional year; 7 Award costs and attorney fees; 8 Order law enforcement to help a party secure possession of the party's personal items from the home; 9 Require the abuser to seek counseling; 10 Prohibit the abuser from canceling utility services for 60 days after the PFA issues.

What is a docket call?

In some counties, your first appearance before a judge is called a "docket call." You must appear for that docket call. If the abuser fails to appear after having been served with the petition or appears and doesn't contest the order, the judge will grant the PFA. If the abuser appears and contests the order, the judge may set the matter for hearing at a future date. If there's already a temporary order, the judge will most likely continue that order until the hearing date.

Can you leave a battering relationship forever?

You are not powerless or locked into a battering relationship forever. You can prepare to leave at the right time. It often takes time mentally and emotionally to end a violent relationship. While you are thinking about "getting out:"

Is domestic battery a crime?

Domestic battery is a crime. If you have been physically harmed by a family member, a person with whom you have a child, or a person you reside with or formerly resided with, you can call law enforcement and make a complaint. There may be other violations of criminal laws depending upon the abuser's conduct.

Can you leave your home and stay with your family?

You can leave your home and stay with friends or family. You can also stay at a shelter that provides services for victims of domestic abuse. Most domestic violence agencies have 24 hour crisis lines. See pages 8-12 for a list of Kansas shelters.

What is a restraining order?

A restraining order drawn up with the assistance of an attorney specializing in domestic violence will protect you better than a standard restraining order drawn up by the courts.

Can you get full custody of your child if you are not with the abuser?

If your abuser is the parent of your child or children, whether you live together or not, you want to gain full custody based on current litigation or the abuser’s history. Your children deserve to be protected. You should not have to worry about your kids when they are not with you. Your attorney can also include your children in your protection order.

Do you need a restraining order for domestic violence?

Often those who are abused eventually need a restraining order. Those who abuse do not always have an understanding that what they have done is wrong. Even if they do, they may want the opportunity to make it up to you. You may no longer live together, but they may show up at your work or other places you frequent. A restraining order drawn up with the assistance of an attorney specializing in domestic violence will protect you better than a standard restraining order drawn up by the courts.

What is the reasonable doubt standard?

The "reasonable doubt" standard is usually considered about 99 percent. That means the State would have to prove that there is a 99 percent chance that your abuser committed the domestic violence acts. In a civil case, however, the standard is " preponderance of evidence ," which is usually considered a 51 percent standard.

What does it mean to recant?

Recanting is taking back your original statement. For example, you may have told police that your spouse was beating you, but later want to recant that statement. It's generally not a good idea to recant unless you have actually lied to authorities.

Can you sue a domestic violence victim?

If you're a victim of domestic violence, you may be wondering whether you want to file a civil suit against your abuser, even if there's a criminal charge already filed. Remember, crimes are offenses against the State (only the State can issue or drop charges), and civil offenses are offenses against victims (you can choose to sue or not).

Can you refuse to testify in a domestic violence case?

For example, if there's a trial, then you'll probably be required to testify in court against your abuser, but keep in mind that in some states, such as California, you can refuse to testify, though you might have to pay a fine or be charged with a crime. You may also be required to appear in court for some other purpose, or to retrieve documents or evidence for the court. Victims are often brought in to explain their opinions, too. If the judge is making a decision on whether to release the abuser, you may be invited to speak about whether you agree with the release decision and why.

Can you get a restraining order against your abuser?

You can try to get a restraining order against your abuser. Restraining orders can help provide for your safety, especially since some restraining orders will force your abuser to give up his or her guns for the duration. Also, depending on your state, you may be given the option to break your current lease early.

Is domestic violence a crime?

Domestic violence is a crime. The process behind criminal charges is frequently misunderstood. Most people believe that victims of crime issue the charges. This is wrong. Crimes are governed by the State, and it's the State that issues criminal charges, not the victim. In other words, since you didn't issue the charge, you can't drop the charge.

What do you need to fight domestic violence?

To fight for what you need and deserve under the law, you need an attorney.

What to do after being arrested?

You need an experienced attorney who will: Stop you from incriminating yourself. After you are arrested, anything you do or say can be used against you in court. You might think you are helping yourself by calmly answering police officers’ questions, yet you could be giving them reasons to charge you.

Why don't domestic violence victims leave?

Why Domestic Violence Victims Don’t Leave. When domestic violence of any form is taking place in a home, it’s in the victim’s best interest to get out and seek help if they feel that it is safe to do so. Unfortunately, that’s not the case for every victim in every situation. There are times when the abuser has manipulated and threatened ...

How do I contact the National Domestic Violence Hotline?

Call the National Domestic Violence Hotline 1-800-799-7233 (SAFE) or 1-800-787-3224 (TTY) for those who have difficulty hearing.

What are the barriers to domestic violence?

There are other invisible barriers that keep women of domestic violence from leaving their abusive situations. Here are a few of them. There is a real fear that the abuser will use violence that is lethal if the victim decides to leave. Some women simply have family members or friends that don’t support their decision.

Do victims have to deal with their own demons?

Victims not only have to deal with their own demons that they are battling in their heads but also ones that society has placed in front of them as well after they have decided to leave their abusers.

Introduction

• Domestic violence may be physical, sexual or emotional: slapping, punching, shoving, beating, kicking, threats of harm, deprivation of sleep or affection, sexual assault, harassment, insults, other verbal abuse or any pattern of behavior that causes emotional harm. Violent behavior toward others is wrong; it is against the law no matter who does it: a stranger, a neighbor, some…

See more on ksbar.org

Preparing to Leave

When Violence Happens – Options

Legal Options

Kansas Domestic Violence Programs

Legal Assistance

Lawyer Referral Service/Lawyer Advice Line