Careful Handling Of Protection From Abuse Issues
The state of Delaware provides a remedy for victims of domestic abuse in the form of civil restraining orders. Domestic violence is defined as any kind of abuse perpetrated by one member of a household against another.
Many people think abuse must be physical in order to be abuse. But the law is quite clear that abuse can be physical, verbal, sexual or emotional. Under the law, to threaten abuse is abuse. It also includes committing or threatening to commit physical injury or sexual offense, destroying or confiscating the property of another, terrorizing another, trespassing, unlawful imprisonment, child abuse, plus any other action that seems threatening or harmful.
Attorneys Who Handle Emergency PFA Issues
Protection from abuse can be obtained on an emergency basis, and be extended for as long as a year, during which time the offender may have to vacate the home and not have contact with family members. When the behavior is egregious, the PFA can be made permanent, lifelong.
The Issuance Of Restraining Orders
Imposing orders of protection is controversial because it is generally initiated without the alleged offender’s consent and can serve as a detriment during divorce. While restraining orders do not affect division of property or alimony, they can affect custody battles. Sometimes the complaints are 100 percent genuine, and sometimes they are questionable. When they are dubious, the court often sees through them.
Representing Both Sides In Domestic Assault Cases
In resolving domestic violence cases, the lawyers at Poole, Mensinger, Cutrona & Ellsworth-Aults, can represent either side. If you have been victimized by domestic assault, or if you have been charged with this offense, we want to meet with you and hear your story.