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Domestic Violence & Restraining Orders: Perspectives from Both Sides

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Domestic violence is the physical or emotional abuse of a family member, or someone who lives with the abuser. More often than not, a domestic violence claim arises after a married couple gets into a heated argument. Emotions get out of control, perhaps spurred on by someone’s infidelity, and the situation devolves into shouting and violence.

Any domestic violence report must be taken with the utmost seriousness, for it represents a potential danger right under someone’s roof, and coming from someone they might not be able to avoid. In some situations, based on the details initially reported to the police and the state, there must be an arrest made during a domestic violence call, regardless of any evidence of abuse, or lack thereof. Due to the severity of the situation and the potential consequences, it is worth taking a moment to look at both sides of a domestic violence dispute.

Orders of Protection & Defense for the Accused

When physical violence has occurred, or there is ample reason to believe that it could occur soon, an order of protection can and should be sought out by the abused. If the threat level is immediate or considerably high, an emergency order can be issued by the court without the abuser needing to be present. Such restraining orders are meant to force distance between both parties to allow them to calm down and think straight again. If you need a restraining order for your safety, you should contact an attorney immediately for help with filing.

On the other hand, there are situations where scorned spouses and jealous family members will exaggerate or completely falsify claims of domestic violence. The goal in such devious situations is to not only control the other person’s life through the restrictions of a restraining order but to also gain an upper hand in one matter or another. Usually the two parties will be in the midst of a divorce and are struggling to determine who gets primary custody of their child; the introduction of domestic violence allegations paints the accused in a negative shadow, forcing the court to think twice about letting them spend time with their children. For this reason, if you have been accused of domestic violence, you must react quickly and get ready to defend yourself with an experienced family law attorney.

At Goldblatt, Marquette & Rashba, PC, our Hamden divorce lawyers can represent you as either the accuser or the accused. We have 60+ years of collective experience, which has given us valuable insight and knowledge about both sides of the issue. Our ultimate goal is to protect the safety and best interests of our clients, and you can learn how we do that during an initial case evaluation.