Domestic Violence

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Domestic violence is a pervasive issue affecting countless individuals and families across Washington, D.C., Maryland, Virginia, Pennsylvania, and New Jersey. It involves a range of abusive behaviors used by one person to control or harm another within a domestic setting. 

If you are in a situation where your safety, or that of your children or an elderly parent is threatened, call the police first, and then call us. Let us know you have an emergency court appearance only after you ensure your own safety and that of your family

Families who suffer from domestic violence need an attorney who can give them extra help and Robinson & Geraldo has years of experience in providing it. Our attorneys have represented scores of victims of both genders as well as children whose parents have been violent. 

We have represented both women and men who were genuinely victimized but were too embarrassed or ashamed to ask the courts for help. Husbands and fathers can fall into this category more frequently than you might think. We are committed to a gender-neutral approach to representing domestic violence victims. Victims may be the abused or those who are falsely accused of abuse to the accuser can get an upper hand.

Unfortunately, Maryland’s and D.C.’s domestic violence laws can be used as a quick and easy way for one spouse to get rid of the other without the expense and time involved in a divorce or custody action. If this is happening to you, you can be sure that we have successfully handled many of these cases, defending those who are falsely accused.

What Constitutes Domestic Violence?

Domestic violence is not limited to physical assault; it encompasses any behavior that seeks to control, intimidate, or harm a partner or family member. This can manifest in various forms:

According to the National Coalition Against Domestic Violence, one in four women and one in nine men experience severe intimate partner physical violence. Understanding these forms of abuse is essential in recognizing and addressing domestic violence.

Legal Protections for Victims

Victims have several legal avenues to protect themselves and their loved ones. The laws in Washington, D.C., and surrounding states are designed to offer robust protections, ensuring the safety and well-being of those affected. Understanding these legal options is crucial in taking effective action against abuse.

One of the primary legal tools available is the Civil Protection Order (CPO). Under D.C. Code § 16–1005, a victim can petition the court for a CPO, which is a court order that directs the abuser to cease abusive behavior. A CPO can include various provisions tailored to the victim’s needs, such as prohibiting the abuser from contacting or approaching the victim, granting the victim temporary custody of children, and even awarding exclusive use of a shared residence. Violating a CPO is a serious offense and can result in immediate arrest and criminal charges, providing an essential layer of protection for victims seeking safety.

In addition to civil remedies, victims can pursue criminal charges against the abuser. Offenders can be prosecuted under various statutes, holding them accountable for their actions. For example, under D.C. Code § 22–404, physical attacks or attempts to cause bodily harm can result in assault charges, which may be classified as misdemeanors or felonies depending on the severity. The Stalking Statute, D.C. Code § 22–3133, addresses behaviors such as repeated following or harassment that causes a person to feel fear or emotional distress. Pursuing criminal charges not only holds the abuser accountable but also serves as a deterrent to future abusive behavior.

When children are involved, custody becomes a particularly sensitive issue. Courts prioritize the best interests of the child in custody and visitation matters. Evidence of domestic violence significantly influences custody decisions under D.C. Code § 16–914. The court may restrict the abuser’s visitation rights, require supervised visitation, or even award sole custody to the non-abusive parent. These measures aim to protect children from exposure to abuse and its detrimental effects on their development and well-being.

Beyond local laws, federal legislation provides additional protections. The Violence Against Women Act (VAWA) is a landmark federal law that offers programs and services to victims, regardless of gender. It provides funding for victim services, legal assistance, and protections for immigrant victims, allowing certain undocumented individuals to petition for legal status independently of their abuser. Similarly, the Family Violence Prevention and Services Act (FVPSA) supports emergency shelters and victim assistance programs, focusing on crisis intervention, prevention efforts, and support for children and youth affected by domestic violence.

Each state also has its own statutes addressing domestic violence, offering various protections and remedies:

Understanding these legal protections empowers victims to make informed decisions and advocate for themselves effectively. Laws are in place to protect individuals from abuse and provide avenues for legal recourse. Courts offer remedies like protection orders without requiring victims to navigate the process alone. Support is available from organizations and legal professionals dedicated to assisting victims of domestic violence.

Challenges in Domestic Violence Cases

Pursuing legal action in domestic violence cases can present several challenges:

Strategies for Achieving a Successful Legal Outcome

Navigating the legal system in domestic violence cases can be daunting, but informed and deliberate actions can significantly enhance the likelihood of a favorable outcome. Here are essential steps to consider:

Meticulous Documentation

Comprehensive documentation serves as the foundation of a strong legal case. Detailed records provide tangible evidence to substantiate claims. Maintaining a journal of incidents, preserving physical evidence like photographs of injuries or damaged property, and saving all communications such as threatening messages or emails are crucial. Witness accounts, when available, can also be invaluable.

Seeking Prompt Medical Attention

Your health and safety are paramount. Seeking immediate medical care addresses injuries and ensures professional documentation of harm caused by the abuse. Medical reports provide an objective account of injuries, linking them directly to the abuser’s actions, which can be compelling evidence in legal proceedings.

Reporting to Authorities

Engaging law enforcement creates an official record of the abuse. Providing a detailed account to the officers, requesting a copy of the police report, and inquiring about immediate protective measures are important steps. An official police report initiates a legal response and demonstrates a commitment to addressing the situation legally.

Consulting with Experienced Legal Professionals

Legal guidance is essential in navigating the complexities of domestic violence cases. Attorneys can explain legal rights and options, assist in filing necessary documents like Civil Protection Orders, and represent interests in court. At Robinson & Geraldo, PC, our experienced attorneys are dedicated to guiding clients through each step, ensuring rights are protected.

Establishing a Strong Support Network

Emotional and practical support plays a crucial role in the journey toward safety and justice. Confiding in trusted individuals, joining support groups, and utilizing community resources like counseling, hotlines, and emergency shelters can provide invaluable assistance. A robust support network bolsters emotional resilience and helps manage logistical aspects of the case.

Prioritizing Personal Safety

While pursuing legal action, continuously assessing and enhancing personal safety is essential. Developing a safety plan, securing important documents, and adjusting daily routines to prevent stalking or harassment are important measures. The safety plan should be dynamic, adapting to changing circumstances as needed.

Your Rights Under the Law

Being informed about legal rights is empowering. Understanding the protections afforded under local and federal laws helps in making informed decisions and advocating effectively. Key takeaways include:

Taking action against domestic violence is a courageous step toward reclaiming your life and safety. Robinson & Geraldo, PC is dedicated to providing the legal support necessary to navigate this difficult journey. Our experienced attorneys are here to advocate for your rights and help you achieve the justice you deserve. Contact us today at 202.544.2888 or visit our office at 1316 Pennsylvania Avenue, SE, Capitol Hill, Washington, DC 20003 to schedule a confidential consultation.