What to do after a domestic violence attack

What To Do After Domestic Violence: A Guide by Palmer Litigation – St. George Attorneys

Domestic violence is one of the most serious and damaging forms of abuse. It is a pattern of abusive behavior used by one partner to gain or maintain power and control over another intimate partner. Domestic violence includes many forms, such as physical, sexual, emotional, economic, psychological, or technological actions or threats. It can happen to anyone, regardless of race, age, sexual orientation, religion, or gender. If you or someone you know are a victim to this kind of crime, itโ€™s important to take immediate action. Make sure that safety is your top priority. In this article, we will explore critical steps one can take after a domestic violence attack, so that they can begin the process of healing and recovery.

Why Taking Immediate Action is Vital in Domestic Violence Cases:

Taking immediate action after a domestic violence attack is vital in order to ensure your safety and the safety of your loved ones. By taking a few simple steps, you can begin to protect yourself and your family from future harm.

Survivors have many options for support, including obtaining a protection order, staying in a shelter, or making an anonymous call to a local domestic violence shelter or national hotline. The National Domestic Violence Hotline offers confidential support 24 hours a day, 7 days a week, in many languages. There are hundreds of local shelters across the United States that provide safety, counseling, legal help, and other resources for victims and their children.

  1. Seek medical attention โ€“ if you have been injured, it is important to seek medical attention as soon as possible. This will help you heal physically. It can also provide valuable documentation of your injuries in the event that you need to take legal action against your attacker.
  2. Call the police โ€“ even if you are not seriously injured, it is important to call the police after a domestic violence attack. This will create a record of the incident which can be used as evidence should you decide to press charges against your attacker. The police can also provide you with information about local resources and shelters that can help keep you safe.
  3. Create or update your safety plan โ€“ a safety plan is an essential tool for anyone who is dealing with domestic violence. Your safety plan should include things like emergency contact information, safe places to go, and how to get out of dangerous situations. If you donโ€™t already have a safety plan in place, now is the time to create one. If you already have a plan, take this opportunity to update it with any new information or changes in your situation.
  4. Get support โ€“ domestic violence can be an extremely traumatizing experience. Let your friends, family, and neighbors know what has happened and that they should be on the lookout for anything suspicious. Itโ€™s also a good idea to notify your workplace and give them a copy of the restraining order (if applicable).

Get Medical Assistance

Reach out to your doctor or a local hospital to seek appropriate medical care and explain what happened. Legal protections for victims of domestic violence often include access to free or low-cost health services, so do not hesitate to ask about available support. They can help document any injuries and give you information about next steps, like filing a police report. You may also be able to get a restraining order at the hospital.

Know Your Legal Rights

If you or someone you know has been the victim of domestic violence, it is important to know that there are legal rights and protections available. While every situation is different, there are some general things that you should know.

First and foremost, victims of domestic violence have the right to a safe and secure environment. This means that abusers cannot threaten or physically harm their victims. If they do, they may be breaking the law and can be arrested and prosecuted.

Victims also have the right to get help from police and other law enforcement agencies. If you feel like you are in danger, do not hesitate to call 911 or your local police department. They can help you create a safety plan and connect you with resources in your community.

In addition, victims of domestic violence have the right to get a restraining order against their abuser. A restraining order is a court order that requires an abuser to stay away from their victim and have no contact with them. This can provide some much-needed protection and peace of mind for victims.

Finally, it is important to know that domestic violence is a crime. Abusers can be arrested and prosecuted for their crimes. If you are a victim of domestic violence, consider talking to a prosecutor about your case. A prosecutor can help you understand the criminal justice process and what to expect.

Contact the Police

If you or someone you know is in immediate danger, call 911.

If you are not in immediate danger but have been a victim of domestic violence, contact your local police department or the National Domestic Violence Hotline at 1-800-799-7233 to speak with someone who can help. When you call the National Domestic Violence Hotline, you can speak with a live advocate who provides immediate, confidential support, crisis intervention, and referrals to local resources. Find more information here.

If you live with your abuser, itโ€™s important to change the locks on all of the doors in your home. You may also want to install an alarm system or security cameras.

Gather Evidence of the Attack

If you have been the victim of a domestic violence attack, it is important to gather evidence of what happened as soon as possible. This evidence can be used to help support your case if you decide to pursue legal action against your attacker.

Some examples of evidence that you should try to collect include:

โ€“ Photographs of any injuries that you sustained during the attack. โ€“ Any clothing or personal belongings that were damaged or destroyed during the incident. โ€“ Witnesses who saw what happened and can provide testimony in court. โ€“ Police reports or medical records documenting the attack.

Collecting this evidence immediately after the attack will be much more helpful in pursuing damages from your attacker. If you wait too long, it may be more difficult to prove what happened and get the compensation you deserve.

Document All Injuries and Damages

You need to document everything. Take pictures of your injuries, the damage to your home and anything else related to the attack. Get a medical examination as soon as possible. This will help you physically and will also create a paper trail that can be used as evidence in court. The police may also take their own pictures and gather evidence, but it’s always best to have your own documentation just in case.

Barriers to Leaving

Leaving an abusive relationship is rarely a simple decision. Many people experiencing domestic violence face overwhelming barriers that make it difficult to escape. Fear of retaliation from an abusive partner is a powerful deterrent, as threats of physical harm or emotional abuse can make victims feel trapped. Financial dependence is another significant obstacle, especially when the abusive partner controls access to money or resources. For some, a lack of social support or understanding from friends and family can lead to feelings of isolation and hopelessness.

Emotional manipulation is a common tactic used by abusers to exert control, often causing victims to doubt their own self-worth or ability to survive on their own. The National Domestic Violence Hotline notes that it is common for those experiencing intimate partner violence to attempt to leave multiple times before successfully breaking free. Societal stigma and misconceptions about domestic violence can further discourage victims from seeking help, as domestic violence affects people from all socioeconomic backgrounds and education levels.

It is important to remember that abuse is never the victimโ€™s fault, and that support is available. Recognizing the complex barriers to leaving an abusive relationship is the first step toward finding safety and healing.

Creating a Safety Plan

A well-thought-out safety plan can be a lifesaver for anyone experiencing domestic violence. This plan should outline steps to take in case of immediate danger, such as identifying safe places to go and trusted people to contact. The National Domestic Violence Hotline recommends preparing an emergency bag with essentials like identification, medications, and important documents, and keeping it in a secure, easily accessible location.

Consider developing a code word or signal to alert friends and family if you need urgent help. Itโ€™s also crucial to plan for the safety of children, pets, and other family members who may be affected by the abusive relationship. Support groups and local resources, such as womenโ€™s shelters and counseling services, can offer guidance and assistance in creating a personalized safety plan.

By taking these proactive steps, individuals experiencing domestic violence can reduce their risk of physical harm and begin to reclaim control over their lives. Remember, you are not aloneโ€”support is available, and a safety plan is a courageous step toward a healthier, violence-free future.

Economic Considerations

Economic abuse is a powerful tool that abusers use to maintain power and control in a relationship. This form of abuse can include restricting access to money, sabotaging employment opportunities, or forcing a partner to account for every expense. The financial impact of domestic violence can be devastating, making it difficult for many survivors to leave an abusive situation and achieve independence.

Many survivors of domestic violence struggle to access basic needs such as food, housing, and healthcare due to economic abuse. Fortunately, there are local resources available to help, including financial counseling, job training programs, and emergency assistance. The Violence Against Women Act (VAWA) also provides important protections and support, such as access to safe housing and employment resources for those affected by domestic violence.

Addressing the economic aspects of abuse is essential for empowering survivors to rebuild their lives. By connecting with local resources and support services, survivors can take steps toward financial stability and break free from the cycle of power and control that defines abusive relationships.

Seek Professional Support

Create or update your safety plan. This safety plan should include things like identifying safe places to go if you need to leave quickly, packing a bag ahead of time with essentials like clothes and medications, and having copies of important documents like your driverโ€™s license and birth certificate readily accessible.

Reach out to your support, whether that be friends, family members, or professionals. These people can offer both emotional and practical support as you navigate this difficult time. Social workers and social services can provide ongoing assistance and connect survivors to resources that help with housing, legal aid, and counseling. Young people experiencing abuse can access tailored support and advocacy services designed specifically for adolescents and young adults.

Take care of yourself both physically and emotionally. This may include getting enough rest, eating healthy foods, and doing relaxation exercises. Itโ€™s also important to give yourself time and space to process the trauma youโ€™ve experienced. Survivors may develop mental health conditions such as post-traumatic stress disorder (PTSD), and trauma responses can interfere with future relationships, making mental health assessment and treatment an important part of recovery.

Seek professional support from a therapist or counselor.

File a Temporary Restraining Order or Seeking Emergency Custody if Necessary

If you’re the victim of domestic violence, filing a restraining order or seeking emergency custody may be necessary to keep yourself and your children safe. Here’s what you need to know about each option:

A restraining order is a legal order issued by a court that requires the abuser to stay away from the victim. It can also prohibit the abuser from contacting the victim by phone, email, or social media. If the abuser violates the restraining order, they can be arrested and charged with a crime.

Emergency custody is temporary custody granted by a court in cases of emergency, such as when there is a risk of harm to the child. Emergency custody orders are typically only used in situations where there is an immediate threat of harm and there is no time to go through the usual custody process.

If your attacker has been arrested, you may be able to get a temporary restraining order (TRO). This will typically last for about six months and will prohibit your attacker from having any contact with you, either directly or indirectly. A permanent restraining order (PRO) can also be obtained, but this requires a court hearing.

If you’re considering either option, it’s important to speak with an experienced domestic violence attorney who can help you understand your rights and options under the law. Contact an attorney.

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