Domestic violence is more common than ever. However the person against whom the domestic violence has been carried out has two options. They can either file for a criminal or a civil case against the perpetrator. If it is a criminal case it is the prosecutor who will determine whether or not the matter needs to be pursued. For civil case the statute of limitation for the grace would depend upon where the person wants to pursue the civil case. For either of the above mentioned, it is important to hire a lawyer in Hervey Bay.
Advice from lawyer Hervey Bay on domestic violence
If a person is facing domestic violence, they have the option of contacting the police and going to the justice system to pursue action against the offender. However if they plan to pursue this mode of option it should be done immediately so that the local enforcement officers are able to believe the person and are able to file a police report quickly. The investigation would allow the prosecuting lawyer to tackle the matter in court. There is no set frame for initiating this process but it requires that certain crimes should be reported immediately for example rape or murder.
On the other hand domestic violence can also be pursued through the civil courts. There is a statute of limitations for a person who is looking to pursue legal action against anybody based on the state where they live.
However it should be kept in mind that such a proceeding might take years and it is not easy to go through. The plaintiff might also need to hire a lawyer for their litigation.
Pursuing the case of domestic violence with help of a Hervey bay lawyer
The victim has to make the decision of whether they want to pursue the case through a prosecuting lawyer or make it into a civil case where they may appeal for compensation. It should also be kept in mind that there are also other options available for the victim. This includes civil remedies for any kind of restraining order. A restraining order is an order of protection which provide safety legally from the aggressor. If there are children and marital involvement, there might be a need to seek emergency custody and to remove the perpetrator from the picture until the victim is clear on what path they want to take.
With the help of a lawyer the victim can attempt a civil remedy and also a lawyer would help ensure that they do not exceed the statue of limitation based upon the state law for domestic violence. The lawyer would also provide counselling to the person on the matter and suggest them the right mode of action.
This is why it is important to hire the right kind of Hervey Bay lawyer. Not only would they help manage things but would also provide the victim much needed support in times when they may not have an idea of how they should proceed.