In a family law case, the family court must decide whether to grant a protective order and whether to award custody of the child. The courts can only make a decision on these matters after a thorough investigation of the facts of the case and consideration of all relevant factors. This is a highly sensitive issue, and the safety of the victim and child must always come first in deciding the best outcome for the family.
There are a number of reasons why the family court has the authority to do what it does, and those factors often differ from the criminal court. For example, the criminal court can impose harsh punishments on a person who violates a protective order. This can include imprisonment and a fine. It can also include the revocation of an order that the abuser had already received from the family court.
When the family court orders an abuser to stay away from the victim, the abuser is not able to contact her or take action against her. This is because the abuser has already been named in a police report as the suspect. Once the police have a criminal conviction against him, the state has all the authority to throw him in jail or to hold him in a detention center for a long period of time without having to prove that he had no legitimate reason to violate the family court order.
For many people who have been victims of abuse, the retaliation that can follow an official report of a violent act is particularly painful and distressing. This is why a number of states have made it illegal to retaliate against someone who has reported an abuser to the authorities (Finkelhor and Dziuba-Leatherman, 1994).
In some cases, when an alleged victim reports an abuser to the police, the officer will refer her to the family court for a restraining order. This is a process that can take several days or even weeks. If the restraining order is not issued, the victim may be left wondering what to do next.
The restraining order can be ordered by a judge, or it can be requested through a special petition form that the victim may complete and file with the Family Court. The restraining order can also be obtained through a court dispute referral center in the Family Court building, or from a lawyer who is expert in domestic violence case.
While the restraining order can be very helpful to the victim, it can also be a barrier to her access to services and resources. For instance, the restraining order can prevent her from seeing a counselor or a therapist if the abuser has reported the victim to child protection services.
This can be especially difficult for mental health professionals because they are primarily concerned with the well-being of the abused person. For this reason, it is important that mental health professionals understand how to address the issues relating to domestic violence and how to avoid retaliation. If you need help on your case visit Davis and Associates, Attorneys at Law at https://www.themiamidivorceattorneys.net/.