06 Aug 23

Domestic Violence and Family Code Section 6211

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Last Updated on: 6th August 2023, 05:30 am

Domestic violence affects all social classes and is committed by men or women towards their spouse, their partner, their husband, their wife, their lover, ex-partner, ex-husband, ex-wife, etc. Domestic violence, therefore, occurs when the victim and the perpetrator are married, cohabiting or partners. In addition to the removal of the abusive spouse, we can ask the judge to decide on other measures immediately.

These measures may be myriad. The victim spouse may be authorized to conceal his address, and the spouse who committed the violence may be forbidden to enter into any relationship whatsoever with his / her spouse and children. Also, a ban on leaving the territory with the child without the authorization of both parents may be pronounced, and any violation of these obligations by the abusive spouse exposes the abusive spouse to criminal penalties.

Be aware, despite the fact that you may believe you are operating within your legal rights, it is advisable to possess the understanding of an expert who understands the guidelines of legislation the specifics concerning the issue that worries you. Additionally, a legal representative will be capable of applying the regulations to your very own specific scenario as well as your requirements. From your first appointment, a query regarding expenses has to be stated, along with a payment contract (if you decide to select this attorney). You should not wait until things get worse to consult a lawyer. Remember, the spouse who is the victim of such acts lives in constant fear and is deprived of his safety and that of his children.

A medical certificate is therefore essential because it will be able to describe the state of the victim immediately following the violence. It will also especially guide the procedure because according to the degree of injury caused by the abuse, the abusive spouse will not necessarily be pursued for the same offense and the competent court will not be the same. Remember, a medical practitioner will draw up a medical certificate stating the injuries or traumas that will give rise to the complaint. The assistance of the victim of domestic violence also requires that the victim brings the facts to the attention of the courts through a claim at a police station or a letter addressed to the public prosecutor.

The victim of the violence can also obtain damages if he becomes a plaintiff. I also recommend that the victim should be examined by a doctor (frequently an emergency doctor) who will issue a medical certificate stating the injuries or the trauma. Last but not least, bear in mind that it can be additionally feasible to alter your legal representative whenever you want during the process. However, you are going to need to notify your legal representative in advance as well as pay any specific charges for the work that was previously completed.

For victims of domestic violence, the most challenging step is often to ask for help. I should also note that an abusive spouse who violates the law is liable to punished by imprisonment and a fine. Abuse can also be sexual, psychological, physical, moral, even economic. Remember, financial abuse is when the abusive spouse deprives the other spouse of income, prevents the other spouse from working or commits any other action to reduce the autonomy of the other spouse so that she can not leave the household.