MOU ZHENG LAW FIRM
Domestic Violence Types
There are two different types of possible action when a person faces domestic violence. He or she may contact police and use the justice system to pursue criminal action against the offender. This takes place through the police and then a court case with a prosecuting lawyer. It is important to seek this option immediately, so the local law enforcement officers believe the person and are able to file a police report quickly. An investigation is usually next with a higher chance of a local prosecuting lawyer attacking the matter in court. This process does not usually have a set timeframe, but the criminal offenses require a window of time known as a statute of limitations for nonmajor crimes such as those other than rape or murder.
The other type of domestic violence to pursue is through the civil courts. These have a statute of limitations for the person to pursue legal actions against the person based on the specific state limits. These are different through state legislation, and the victim usually cannot seek a remedy through litigation if he or she exceeds this time without a special exception that the judge may or may not grant. These processes can take years before any remedy is available, and the proceedings are generally very difficult to progress through. The plaintiff will usually need to hire a lawyer to litigate.
Criminal Cases and Pressing Charges
When a victim seeks the criminal courts to pursue justice against the perpetrator of domestic violence, he or she does not actually press charges. The decision to take the case further from the initial point is not in the hands of the victim. The involved officers use these words to determine how cooperative the victim is or will be with the prosecuting lawyer. In numerous situations, the prosecutor will not drop the charges even if the victim asks him or her to do so. Recanting a statement may not even affect the case depending on the evidence and the willingness of the prosecution to complete the trial.
The Statute of Limitations
For civil remedies, the statute of limitations regarding domestic violence claims may range from one year to up to six years depending on the state within the country where the person seeks this remedy. The statute of limitations for criminal charges could depend on the crime charged as a misdemeanor or a felony. This could affect the case significantly. If a misdemeanor or felony in a specific state will also affect how long the person has to pursue justice with the criminal courts. This may also range from a short period of no more than one year to up to three or more.
Pursuing the Case of Domestic Violence
The victim of abuse and violence in the home may need to decide if he or she wants to pursue a criminal case through a prosecuting lawyer or a civil case where monetary damages for injuries are available. This decision may depend on the factor of backing out later or if there are important bills that will remain unless additional money is accessible such as doctor and hospital expenses for recovery or when the person cannot work because he or she is still recovering from the incident at home. Filing a police report is generally the start of the criminal investigation. Seeking a lawyer may initiate the civil claim.
There are other options available for the victim such as civil remedies or various types of orders. A restraining order or an order of protection may provide the means of safety legally from the aggressor. If the matter involves marriage or children, it is possible to seek emergency custody and to remove the other person from the picture until the victim is clear on what path he or she wants to take.
Domestic Violence and the Lawyer
If the victim wants to attempt a civil remedy, he or she should hire a lawyer quickly to ensure the situation does not exceed the statute of limitations based on the state laws for domestic violence. The lawyer may explain these matters further when counseling the person through the matter.
