What Legal Steps Should You Take After Surviving Abuse?

Abuse is an immensely traumatic event to live through, but separating from an abuser starts the powerful journey to recovery. When one has gathered the strength to leave, it can be confusing to know where to go from there. Should you be pressing criminal charges? Are you legally required to? You should approach the legal process prepared to empower yourself properly. Learning all of your legal options and steps forward is the best way to start.

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Get to Safety

The most important action when it comes to dealing with abuse is separation. You’ll want to leave the house, church, or workplace where your abuser is located, depending on who they are. If you share a workplace where you can’t leave, discuss separation with your supervisors by operating on different schedules or parts of the building. You may be able to work from home with certain roles or industries, so you may want to inquire about this. Abuse shelters can help provide housing and resources if needed. If you’re in immediate danger, always call 911.

Consider a Protective Order

Many survivors file a restraining order to help keep them safe. Protective orders will prohibit the abuser from visiting you, your work, your home, or your family. You should consider getting one if you’re worried about the abuser trying to come back into your life for any reason. Even if you are coparenting with the abuser, a protective order can keep you safe and any child visitation can be supervised with the court. An attorney can help you file a restraining order if required for a small fee. Protective orders can be temporary for immediate emergency protection, but long-term orders may take longer to be issued in court.

When to Report the Abuse

You have the right to decide whether to report the abuse, also known as pressing criminal charges. Reporting can help you seek closure and justice against the abuser, but pressing charges does not guarantee conviction. If you do decide to press charges, be sure to bring any evidence of the abuse that you have, such as photos, video recordings, text messages, or witnesses. Consulting with an attorney is an excellent idea to ensure your evidence and report is as thorough as possible. Many victims do not press charges against their abuser due to fear, intimidation, or to avoid retraumatization. The choice is yours, but an attorney and mental health counseling can help you make an informed one.

Gather Documentation

Even if you’re unsure about pursuing charges or a civil lawsuit, you’ll want to be prepared just in case you decide to. You’ll want evidence of when, where, and how the abuse occurred. Include screenshots of any text messages, phone calls, social media posts, or relevant information. Keep any incriminating voicemails, recordings, photos, or videos. Obtain copies of any medical records you might have when you were treated for injuries from the abuse. An attorney can help you obtain police incident reports or other documentation as well.

Filing a Civil Lawsuit

If you don’t want to press criminal charges, you can sue your abuser for damages. Some victims may choose this route if the abuser’s sentencing wasn’t sufficient enough, as civil suits don’t require criminal convictions. A civil lawsuit can recover damages such as medical expenses, pain and suffering, and lost wages. These lawsuits can also help you hold your abuser accountable and provide closure for the trauma you endured. A good legal team will help increase your chances of winning, but winning is never guaranteed.

Find a Trauma-Informed Attorney

If you decide to file a lawsuit in civil court, it may be a lengthy process. You’ll need an attorney to help you gather evidence, file the right paperwork, and represent you in court. Proceedings may require reliving difficult memories and viewing painful evidence. You should have an attorney or legal team who is highly experienced in representing abuse victims, such as the Injury Lawyer Team. Attorneys trained in abuse law will have the highest chances of winning a lawsuit in a timely manner while handling your case with respect and care. You can find trauma-informed attorneys through abuse support groups, legal aid programs, courthouse victim advocate programs, or even online. Many will offer a free consultation to determine if they’re the right fit for you.

Conclusion

There is no correct choice when it comes to pursuing a criminal or civil lawsuit. Some survivors pursue both, while some may skip the opportunity to seek formal justice in order to live in peace. Many survivors are afraid of retaliation if a lawsuit is unsuccessful, but a protective order can help mitigate the chances of this. It’s important to prioritize safety for yourself and any children you may have if possible, but also to know that you have the right to safety, legal support, and due process.