Attorney Michael Fischer Getting Away From An Abusive Situation – How The Law Can Help

People living in the same household with somebody who consistently uses violence and threats against them often feel powerless and afraid to get away, even if it is the one thing in the world they most desperately want to do. Domestic violence is unique among the threats people face because it is happening within their own home, and by somebody who has a persistent close connection to them. As such, we also have unique laws for dealing with domestic violence.

Oceanside domestic violence lawyers Fischer & Van Thiel caution that escaping from a domestic violence situation is not something you can afford to delay. You should of course make appropriate plans in advance if you can, but when your life is on the line, your first priority should be putting as much distance between yourself and your attacker as you possibly can.

The two factors that empower a domestic violence perpetrator are proximity and privacy. Having you close at hand and away from the scrutiny of the public, they literally have you a their mercy. Consequently the more distance there is between you and the more public the setting you are in, the more difficult it is for the attacker to reassert control.

The first resort for seeking help is usually the police. If possible this should be done discretely. Announcing that you are calling the police or that you have just done so is sometimes a catalyst for a severe reaction from the attacker and may make things much worse. The absolute worst situation you can be in is to find yourself trapped under the same roof with an attacker who has begun to experience suicidal feelings.

After calling the police, it is better if you can meet them somewhere outside of the place where you have called them to. When contacting the police, give as much detail as you can. Let them know the full physical description of the attacker, whether they are armed (or have access to weapons), and exactly where they are.

If the police are satisfied that a felony level incident has occurred, they will take the suspect into custody. This is not the end of things, however. How long the suspect is in jail will depend on many factors, and you should expect they can be released at any time after their arrest.

So your first action when the suspect is taken into custody is to request from the officers at the scene to provide an Emergency Protective Restraining Order (EPRO). This is just a temporary restraining order, but it does give you some protection. If you can stay with a trusted person or move to a hotel room, this is often the best course of action in the immediate aftermath of the arrest.

Your next move should be to contact a lawyer and start the procedure to get a permanent restraining order against the attacker so that if they attempt to initiate any contact with you, there will be powerful legal protection available to you. The police will rearrest them, and their chances of being released after violating a restraining order will usually be greatly diminished.