Why Do Domestic Violence Victims Need Attorneys?

In a criminal case in the United States, the victim or alleged victim is represented in court by the prosecuting attorney (at least in theory), while the defendant is represented by their own attorney. However, many victims of domestic violence choose to retain their own attorney as well, even though they are not being accused of a crime. There are many reasons why having a dedicated attorney can help get you through your case.

Not Just A Criminal Case

Perhaps the most common reason many victims hire their own attorney is simply because a domestic violence case will often involve far more than just criminal proceedings. Numerous civil procedures may come up in your case – for example, petitioning for a domestic violence injunction (also called a restraining order) is difficult to do alone, and an attorney’s help can be invaluable.

In some cases, your attorney may also be able to help you with other legal questions, such as those surrounding custody and divorce. Evidence of domestic violence on the part of a parent creates a rebuttable presumption that visitation with their children would not be in those children’s best interests; it is crucial to have the right help in ensuring your children are protected.

Revictimization Is Real

The other major reason many victims enlist their own attorney is because unfortunately, the process of reporting domestic violence is an extremely traumatizing experience for victims, and having a knowledgeable advocate can help make it go more smoothly. Issues like bias on the part of police or medical personnel, a lack of knowledge around trauma and traumatized behavior, or the fear of having to testify in court against someone with the power to harm can all discourage victims from reporting at all.

The majority of victims of domestic violence do not have legal representation, simply because it can be expensive, but studies have shown that those who are able to retain an attorney generally experience more positive outcomes once their ordeal is over. It is easy for a victim to feel as though they are in over their head – but the right attorney can be a life vest, so to speak.

Contact A West Palm Beach Domestic Violence Attorney

In theory, no one but the defendant needs an attorney during a domestic violence case, but having one as a victim can help you feel more secure and safe. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can offer dedicated and knowledgeable representation during what can be a very scary time in a person’s life. Call us today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.30.html