Utah laws are simple – Even the threat to cause harm by a cohabitant is considered domestic violence. In general, domestic violence refers to abusive/aggressive behavior in a relationship, typically when one cohabitant wants to dominate/control/intimidate the other. It is not just about physical abuse. Emotional, sexual, and psychological abuse also constitutes domestic violence. If you have suffered such consequences, threats, behaviors, or abuse, consider consulting a Sandy domestic violence attorney. Here’s what you need to know.
Why do you need a lawyer?
When you call the local law enforcement agency, an officer will respond to the call. In cases involving domestic violence, the officer will only make an arrest if there is serious injury to the victim or harm is imminent. If the accused has violated a protective or restraining order, they can be arrested right away. Once the accused is arrested, you are required to present your side in court, which wouldn’t be easy without an attorney. You need an experienced attorney who can work on the legal strategy and offer advice and support for the case.
Getting a protective order
Also called a restraining order, a protective order is meant to protect the victim from the abuser. For instance, if your spouse has hit you badly and you fear for the life of your children, you may get a protective order. The order may prevent your spouse from getting close to you or on your property. While a protective order doesn’t always prevent domestic violence, it can help keep the abuser in check.
Who can get a protective order?
Anyone 16 years of age or older can ask for a protective order. The relationship with the abuser is important. If you are a victim of domestic violence, you can get a protective order only if you live with the abuser/have a child with the abuser/or are related by blood or marriage. Your lawyer can help get the restraining order, for which you must approach the district court. You can get an order in the county you live in or where the abuse happened. Alternatively, you can file the case from the county where your abuser lives.
Domestic violence cases may not have direct evidence of physical abuse, and therefore, proving things may not be easy. Get an experienced attorney to fight the battle. If you are hiring a family law attorney, ask them how frequently they take up domestic violence matters.
