Why You Need an Attorney in a Domestic Violence Case, Whether You Are the Accused or The Victim

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How Can A Domestic Violence Attorney Protect Your Rights?

rise of domestic violence in arizona

It is never right for you to be abused, stalked, or harassed. Relationships can be difficult and filled with volatile emotions, but this is no excuse for your partner to ever put their hands on you or to make your life miserable after you have split up with them.

Domestic violence is a very intimate crime. It takes place in the home or in spaces hidden from the public view. Unless you have marks, bruises, and witnesses, it can be difficult to get the police help that you require. Victims of mental abuse and stalking find it is especially hard to get relief and protection.

Criminal defense attorneys deal with domestic violence cases and, most of the time, they do so from the point of view of the alleged abuser.  Criminal defence attorneys often help those who have been accused of the crime of domestic violence defend against orders of protection and criminal charges.

However, if you are a victim of a domestic violence case, you might also need an attorney.  You need someone who knows Arizona law, will protect your rights and fight for your best interests.

How a Lawyer Can Help You Build a Case

Domestic abuse comes in many different forms. If you have been physically assaulted, you should contact the police straight away. You must do so to preserve life and health, but you need not put your future completely in the hands of the authorities. As a victim, you have rights.

You have the right to be protected against your abuser and to see them arrested, charged, tried, and convicted for what they have done. However, there is no guarantee that the police will prioritize your case, that they will conduct a proper investigation into your claims, or that they will even pass the case to a public prosecutor.

Hiring a criminal attorney can help ensure that the abuse you have suffered will not be ignored and set aside. A lawyer can keep the pressure on the police to act on your complaint. They can also help you build a case against your abuser. Your attorney will ensure that you are examined by a medical professional and that your scars and bruises are properly documented.

The police are supposed to gather forensic evidence from your body – evidence that may contain traces of your abuser’s skin and blood. If this does not happen or it is botched, your lawyer can bring in an expert to do the job.

An attorney can help you gather other evidence against your abuser and can give you advice on how to obtain evidence of what they have done. Threatening text messages, social media posts, voicemail messages, and emails can all be used against them.

Protection Orders

Domestic abuse is not always physical. If you have ended a relationship and your ex continues to stalk and harass you, you can seek a restraining order against them.

While you can get an order of protection, the alleged abuser can challenge the order.  The State will not defend you in an order of protection case.  Your lawyer can help you make sure that order is not removed by the court.

Additionally, the prosecutor moves forward with the charges whether you want them to or not.  Your lawyer can make sure the State clearly knows your position regarding the persecution of the case.  A lawyer can help protect you and your family from overly aggressive prosecutors.

The Bottom Line: Why You May Need Personal Representation

Domestic abuse is a crime and the authorities should make it their business to investigate and prosecute it. However, they are often understaffed and do not have the resources to handle all the complaints they receive.

If you want to protect yourself from an abuser and make your case a priority for the State,  hiring a lawyer with insight into domestic abuse cases will make this much easier.

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