Domestic violence is a concept that is recognized now, although it’s been around for a long time and people have had experience with it. The laws have adapted so that there can be intervention as quickly as possible to prevent serious consequences from occurring when there is domestic violence.
In Delaware, there is a procedure known as a protection from abuse petition. One party can file it and name the abuser and require the abuser to come into Family Court and to either consent to an agreement or to go through a proceeding whereby they prove that abuse has taken place. Domestic violence can be physical, and we all know what that is, or it can be mental, or it can be emotional, where a constant history of demeaning conduct or an ongoing name-calling and demeaning words and expressions can be just as emotionally harmful.
Domestic violence is something that the protection from abuse can be employed. The petition can be for a period of a year and it can be up to two years. It can require an individual to vacate the marital residence. It can also require that there be support payments made while the individual is out of the residence. Expenses associated with the marital residence can be ordered to be paid. A motor vehicle can be awarded to the party who stays in the marital home, who is the victim of this type of domestic violence.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced criminal defense attorneys throughout the state of Delaware. Please contact the office for a free initial consultation and get any questions answered regarding criminal charges and procedures.