Four Questions to Ask a Domestic Violence Lawyer
Domestic violence is a pattern of abuse by one person of another person with whom the abuser lives. Physical damage often, but not always, occurs. Sometimes it involves other behaviors, such as physical threats, bullying, or stalking. It usually involves married couples, but it also occurs in other types of relationships. The damage leaves the victim with bodily trauma and emotional distress, including post-traumatic stress disorder or depression. Domestic violence is never justified. A domestic violence lawyer can help the injured party prepare to leave and seek protection from further damages. But since the lives of the abused person and their loved ones may be at stake, it is important that the injured party understand exactly how the attorney will help them. Ask these four important questions and get the answers you need.
What is the scope of the representation provided?
There are many things that must be done to ensure that the injured party and their loved ones are protected from the abuser. A domestic violence attorney can represent the victim in applying for a restraining order and in the court proceedings that follow. They can also help the victim obtain a divorce, use of the family home, property partition, and child custody, if the parties were married. A lawyer can also help ensure that the abuser is prosecuted in a criminal lawsuit and secure housing, income, and food assistance. But not all lawyers do everything. The victim should clearly understand what the lawyers will help with and in what situations additional assistance may be needed.
How much will this cost?
Hiring a lawyer is expensive. There are costs associated with filing documents in court and obtaining evidence to represent the victim. Some lawyers charge by the hour. Others charge a flat fee. Still others provide services pro bono, which means they provide services for free or at a reduced cost. The victim must clearly understand billing methods and what services are covered by the billed amount.
Are these cases in your primary area of practice?
Each victim’s case is unique. There is a vast body of law surrounding cases involving abuse. Not only are there special laws applicable only to domestic violence cases, but there are often attendant issues, such as divorce, custody, and property disputes. An attorney who typically handles car accidents will generally not have the knowledge necessary to adequately protect the victim, even if the attorney is highly experienced. Ideally, the selected attorney should specialize in handling abuse cases. If the injured party cannot find an attorney who specializes in domestic violence cases, retain an attorney whose practice is dedicated to family law.
What about communication?
Confidentiality and candor are critical in an abuse case. You should feel comfortable telling your lawyer all the details that may be relevant, and your lawyer must be trustworthy in keeping sensitive information confidential. Your domestic violence attorney should be able to address any communication concerns you may have, work with you to ensure you are safe, and advise you on how often to call with case updates.
Asking these important questions will help you get the assistance you need from a domestic violence attorney.
