Family is supposed to be supportive and loving. But if your family has been impacted by violence, the repercussions can extend farther than you imagine. Domestic abuse and family violence often escalate, so if you’ve been a victim of domestic violence or have witnessed violence against another member of your household, it’s important to get help immediately — it could save your life.
If you’ve experienced domestic violence, you’re hardly alone — that same research found that an estimated 41.8% of women and 35.2% of men in Missouri have experienced it, too.
So what exactly is family violence and abuse? Under Missouri law, domestic violence is stalking or abuse committed by one family or household member against another. The law explains that “abuse” can include any of the following:
Battery is deliberately causing physical harm to another person. Someone can commit battery with a deadly weapon or without.
Assault is deliberately putting another person in fear of physical harm, or attempting to do so.
Coercion means using force (or the threat of force) to make someone do something they don’t want to do (or prevent them from doing something they want to do).
Harassment is deliberately and repeatedly doing something that causes significant emotional stress. Harassment can take many forms, but these are some common examples:
It can be hard to determine whether a certain set of actions constitutes harassment or not. If you’re dealing with unwanted behavior from an intimate partner or family member, please get in touch with us. We can help you assess the situation and decide what the next best steps are.
It can be hard to determine whether a certain set of actions constitutes harassment or not. If you’re dealing with unwanted behavior from an intimate partner or family member, please get in touch with us. We can help you assess the situation and decide what the next best steps are.
Unlawful imprisonment means confining, holding, or detaining someone against their will.
If you are in immediate danger, you should leave your situation as soon as possible. However, in many cases, domestic abusers will attempt to track down their victims, and their behavior may escalate. That’s why it’s so important to reach out to an experienced lawyer.
Each family violence case is a little different. We can look closely at your situation and develop a plan to protect you and/or your children. These are some of the ways we may be able to help:
The process of obtaining an order of protection is a bit more involved than some people may realize, but our office can help you every step of the way.
You must first file a petition with the court for an order of protection. A judge will review your petition, and if they determine that you’re in immediate danger (or if your child is), they might grant what’s known as an “ex parte” order. This is a temporary order. It’s granted without the typical legal process because you may be in danger.
Within 15 days of your filing of the petition, there will be a hearing to determine whether you can have a longer-term protective order. Depending on how invested the other party is, this hearing can be a challenging process. You’ll need to gather any evidence of abuse that you have, and you should be prepared to testify about your experience. In some cases, the other party’s lawyer might ask you questions as well.
All of that might sound overwhelming, especially when you’ve already endured abuse by a partner or other family member. At the Law Office of Amy L. Gervich, we understand the pain and confusion you’re facing, and we’re here to support and guide you through each step of the process. We’ll help you understand what to expect at a hearing, walk you through collecting evidence, and argue your case when it gets to the courtroom.
Our team has years of experience with the Missouri court system, and we’re committed to protecting your rights and your safety as we work to find the right solution for you and your children.
Even if you don’t have children, divorcing a violent or abusive partner can be intimidating. You want to advocate for yourself when it comes to the division of assets and other important parts of the divorce, but you also may be afraid of angering your spouse in case they retaliate.
It’s always a good idea to work with an attorney when you’re going through a divorce, but when the person you’re divorcing is abusive and volatile, it’s absolutely crucial.
If you’re looking to free yourself and your children from the grips of a dangerous partner, we’re here for you. When you reach out to us and set up a free consultation, we can help you make sense of your options and plan a clearer, brighter path forward.
It’s easy to feel alone when you’ve been victimized by domestic violence. When someone you love turns on you or your children, you may not know who you can trust. But when you have an experienced family violence and abuse attorney by your side, you’ll know that you have a powerful, compassionate advocate who will fight to defend your rights, your safety, and your freedom.
