Legal Rights as a Battered Woman

Are you a battered woman? Do you know it is in your best interest and safety to leave? Are you afraid to leave because of what you think he will do if he finds you? Do you think you will lose your financial stability? Do you have children? Do you realize even if they are not being abused themselves they are still victims of the abuse because they love you and you being hurt damages them more then you realize? Do you know you as a battered woman have legal rights? Do you know what these rights are?

You are entitled to be safe and there are state and public agencies, courts and shelters that are ready to assist you in keeping you safe. You do not have to be alone in getting away from danger. You can get assistance and help. You have legal rights and you need to know what they are.

1)No one has the right to abuse you, physically or emotionally.

2)You are not responsible for the abuse and that you can find a way out.

3)Find out where the closest domestic violence shelter is in your area and get there. Call 911 if you are in immediate danger. The police have become more aware of domestic violence and will not take your concerns lightly.

4)Tell the police you want the abuser arrested. Press charges.

5)A court can issue an immediate restraining order to protect you, even before the case is tried.

6)Even if you leave your home and your belongings, you have not given them up. You are entitled to a division of property if you are married. If you are not married, what’s yours is yours and you can file a case in small claims court to get your things back if you need to.

7)Even if you are the only one who is physically harmed, your children suffer emotional abuse from witnessing or being near abuse. Take them with you if you leave and file a petition for custody in family court. If you have left without your children in the course of a violent situation, pick them up from school or have a relative go to the house and get them to safety.

8)Contact your local child protection agency if your children are still with the abuser and are in danger.

Most important to remember is once someone abuses you not matter what the reason they give or how much they swear it won’t happen again most of the time it does. Get out while you can! Thinking they didn’t mean to or that you did something to cause it is completely false. If you stay the next time could be the last time, because that may be the time they kill you. Approximately 153,555 women are killed each year by a spouse or boyfriend.

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