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When to Press Charges for Domestic Violence - Reed Hundt

Are you seeking family lawyers to represent you for being a victim of domestic violence? There are two possibilities for someone who faces domestic violence. They can either contact the police to file charges or they could hire a lawyer and take the matter to court. If domestic violence has been an ongoing problem it is usually better to seek the second option. There would be investigation into the matter and the local prosecutor would then take up the matter in court.

When the matter is taken up in the civil court, there is a statute of limitations for the person pursuing legal actions against the offender. These may vary from one state to another. Once the victim is unable to file a case within the specified time frame, they won’t be able to file the case in court.

Statute of limitations for filing cases of domestic violence

In a civil court the statute of limitation for cases of domestic violence can be anywhere from one year to six years. The limitations depend on how the criminal charges are perceived by the court. Whether these are considered a felony or a misdemeanour would greatly affect the statute of limitation. This is decided by the persecutor who would be putting forward the case in court.  However, care must be taken to not exceed the statute of limitation.

How to pursue cases of domestic violence

It actually depends upon the victim whether they want to take the case to a criminal court and press charges against the offender or take the matter to a civil court and press charges. When the matter is taken to civil curt the victim can be awarded a monetary damages for all the physical damages are available.

However first the victim should file a police report. This would be the initial phase of all further investigations. Once the investigation is underway a family lawyer can be hired to take the matter to court. The victim also has an option for putting up restraining orders. This is an order of protection which offers the victim legal protection from the offender. If children are involved there can also be cases put forward for immediate child custody.

The case should be filed as soon as possible so as to avoid exceeding the statute of limitations. Finding a good family lawyer in the Gold Coast can help victims of domestic violence to seek safety and protection from the offender.

Domestic violence is something which should be taken lightly. Even if the victim is assured that the same won’t happen again, it’s a vicious process and one which is never ending. The result is a cycle from which the victim can’t come out. Therefore if you are suffering from domestic violence or know someone who could be suffering from it, make sure to call in an emergency helpline to get immediate help.