Understanding What Your Legal Options Are After Personal Abuse In The US

Being a victim of abuse, or seeing someone you care about go through it, is extremely overwhelming, and it is often difficult to know who to report to and what to do to get out of the situation. There are many different forms of abuse, and some people don’t even realize they’re in an abusive situation until physical harm occurs. 

Fortunately, there are many resources for victims, which include legal processes that hold abusers accountable. Understanding what your legal options are will help you to remain safe and possibly save others from the same unfortunate fate. 

What Personal Abuse Looks Like

No two cases of personal abuse are the same; each victim has a different experience. However, knowing what abuse can look like will help victims know what their next steps are. 

Physical abuse

  • Hitting, punching, kicking, pushing, or slapping
  • Any rough physical handling
  • Physical restraint
  • Either withholding meals or force-feeding
  • When being made purposefully uncomfortable (like being made to stand out in the cold)
  • Physical punishments that cause pain or discomfort

Domestic violence

Domestic violence occurs between two partners in an intimate relationship, and can be:

  • Physical
  • Physiological and emotional
  • Sexual
  • Financial

Sexual abuse

  • Sexual assault or sexual harassment
  • Being touched inappropriately without consent
  • Any sexual activity that the victim could not or did not consent to
  • Indecent exposure
  • Unknowingly having photos taken

Psychological or emotional abuse

  • Privacy not being respected
  • Name calling
  • Possessive behaviors
  • Opinions and choices being taken away
  • Prevention of meeting religious or cultural needs
  • Intimidation, threatening, bullying, and verbal abuse
  • Threats of abandonment
  • Online bullying
  • Social isolation and confinement

Financial abuse

  • Fraud
  • Theft or preventing the victim from accessing their own funds
  • Forcing the victim to take out loans or make financial transactions
  • Denying financial assistance
  • Misuse of benefits or personal assistance
  • False representation or using the victim’s funds

How To Report Abuse

Not a single person deserves to be abused, and any acts of violence, assault, and emotional manipulation should be reported to the relevant authorities. Those who fear they may be experiencing abuse have plenty of local resources available in the United States.

The first step to take is to report the assault to local law enforcement. Seeking justice can help victims and families start to heal. In the US, victims can call 9-1-1 for immediate help or directly contact the local police department. If an injury has occurred, victims can go to a hospital or clinic and state that they want to report the incident of abuse. 

The US National Domestic Violence Hotline is also a useful resource. They offer 24/7 support and guidance for victims, and can help them navigate through the next steps of the process, including reporting and finding a lawyer to assist should the victim want to press charges.

How A Personal Injury Lawyer Can Help

Navigating the legal process after abuse while ensuring personal safety can be tough. Luckily, there are plenty of support resources for survivors seeking accountability, one of which is a personal injury lawyer. These legal professionals specialize in many areas, from filing protection orders to assisting victims through the court process. 

Abuse can be either a criminal or civil case, depending on the type of abuse and severity of the case, as well as the state in which the abuse occurred. Civil cases aim for victim compensation, while criminal cases seek punishment, like fines or jail time. Criminal cases are brought by the state or prosecutor (like the District Attorney), while civil cases are brought by the victim. There can be a criminal prosecution for abuse and a civil lawsuit for damages occurring at the same time for the same victim and abuser. 

Personal injury lawyers specializing in abuse or assault cases can:

  • File Protection from Abuse (PFA) orders, which prevent the abuser from contacting the victim. 
  • Represent their clients in all court proceedings, both civil and criminal. This includes cases related to assault or harassment. 
  • Provide guidance so survivors of abuse understand their rights, protections, and legal options. 
  • Present evidence and witness statements.
  • Prepare victim impact statements and any other testimonies. 
  • Help survivors get compensation for emotional distress, loss of employment, and medical expenses. 
  • Connect survivors to counsellors and community assistance programs.

When a criminal charge is filed against the abuser, survivors will require a legal expert to navigate the often complicated criminal justice process. Many victims are scared of retaliation from their abusers once they take legal action, but legal counsel can put all the required measures in place to block any further contact. 

Conclusion

Being the survivor of any form of abuse takes courage, and the reporting and legal process after getting away from an abusive situation can quickly become complex. There are plenty of resources available to those who have been abused, including reporting to local law enforcement and pursuing a legal case with the assistance of a sexual abuse and assault lawyer.