Litigating Domestic Violence Cases in Civil Court
Any domestic violence case is an incredibly important, and grave, legal undertaking. Attorneys and judges do everything in their power to ensure that the party who has been the victim of abuse receives justice in order to live a life that’s free and clear of their abuser.
However, these cases can easily get very complicated. Often, abuse is a highly subjective matter– and depending on the type of abuse, it may not be very easy to prove.
What can complicate a domestic violence case in civil court?
Unfortunately, it’s not uncommon for abusers to misuse the legal system as a continuing form of abuse against their former partners.
This abuse is often referred to as litigation abuse. It’s a way for the abuser to maintain control over their victim, and it can cause divorce, custody, or domestic violence cases to last for much longer than they normally would– sometimes even drawing them out for years.
The continuing abuse is achieved by filing unnecessary complaints against the victim.
It’s often difficult for the legal system to prevent this type of abuse, because abusers are exercising their right to use the legal system– and trying to remove this right for certain people can become a slippery slope, because it could prevent people who truly need it from using the court system.
What might an abuser do to misuse the court system against a victim?
In a domestic violence case, it’s often necessary for a victim to file an order of protection against their abuser. This theoretically prevents the abuser from coming into contact with them– and makes the abuser face legal repercussions if they violate the order.
However, an abuser might file a counter-order of protection against the victim. This is a tactic that can prevent the court from being able to determine who the aggressor is within the situation– which is precisely the abuser’s goal.
In court proceedings relating to finances, like child support or alimony, an abuser might misuse the system to require excessive questioning of the victim– demanding reports for any expenses the victim might have, even for things like personal care products. This type of excessive questioning– or “excessive discovery”– is frequently utilized by perpetrators of financial abuse.
Could an abuser’s misuse of the court system have serious consequences for the victim?
An abuser will do everything in their power within a relationship to maintain power and control over a victim. This behavior doesn’t stop when it comes time to litigate a domestic violence case in court.
A domestic violence case for people who have children together can get even more complicated. If the victim has custody of the children, the abuser may go to extreme lengths to put the custody of the children in question.
One way that abusers do this is by filing false reports with the Division of Children & Family Services (DCFS)– alleging that the children are being abused or neglected.
This can be extremely stressful for the victim, who fears that their children may be placed in the care of their abuser. Even if custody is not awarded to the abuser, the victim still has to deal with the interviews and home visits that DCFS carries out to ensure that children are in a safe and stable environment.
What can I do if my abuser is misusing the court system against me?
The number-one most important thing to do in this situation is to work with an attorney who is experienced in litigating domestic abuse cases. Having excellent representation from an attorney who’s fully prepared to fight for your justice and freedom from your abuser is an invaluable asset in these situations.
Your attorney might be able to come up with some solutions, like requiring the abuser to pay for your legal expenses when they file excessive and frivolous motions, or denying unnecessary requests that delay or draw out the case.
Freeing yourself from an abusive partner requires immense bravery and strength. You deserve to live a happy and healthy life, and the highly experienced attorneys at Digby Law Firm are here to help you find it. Please give us a call today to get started.
Our lawyers are experts in Arkansas divorce law and they’re here to help. If you need a divorce lawyer in Arkansas, contact Bobby Digby Law Firm to schedule a free consultation.
Defend Your Parental Rights
A defense lawyer makes the best divorce lawyer because they have so much experience with, well… defense. As soon as your divorce becomes contentious or your spouse hires a lawyer, you need to lawyer up to protect your financial future and your parental rights.
In many states, when there are children involved, you are required by law to involve lawyers. Often, the child is assigned their own lawyer to make sure that their rights are being protected to the full extent of the law. In these cases, you want your divorce lawyer to have the experience not just in divorce law, but in child custody law and child support law as well. A well-rounded defense attorney who specializes in family law is what you’re looking for.
Is There a Good Divorce Lawyer Near Me?
We’re glad you asked! Yes, there is a fantastic divorce attorney in Arkansas – and his name is Bobby Digby. The Bobby Digby Law Firm was founded on the ideals of trustworthy and honest defense. If you need a divorce lawyer in Arkansas, contact Bobby Digby Law Firm to schedule a free consultation.
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