At an alarming rate,1.2 million women and 700 000 men experience domestic violence each year. When compared to the number of complaints recorded annually, only a few were able to voice their cases. Sadly, many are threatened or feel that they have no power to fight this.
For some, it is the lack of idea on how to go about a domestic violence complaint process that made them hesitate in doing so. If that’s your case, or if someone you care is a victim, then here’s a step-by-step guide on how to file a domestic violence complaint and preserve the safety everyone rightfully deserves.
Understanding What Domestic Violence Is
The first thing that comes to mind when talking about domestic violence is abuse. But, while it does some up the whole idea, it isn’t limited to physical hitting. Domestic includes the following:
- Physical abuse (hitting, pushing, restraining)
- Emotional abuse (constant criticism, humiliation, threats)
- Financial control (preventing access to money, ruining credit)
- Sexual abuse
- Stalking and harassment
- Isolating you from friends and family
- Threatening children or pets
If you are living with someone, or are in a relationship that are doing these things to you, you can file a domestic violence complaint as soon as possible. You can get help from a compassionate domestic violence lawyer in Los Angeles, or others in your area to help you get through tough times like these.
Your Safety Comes First
With cases like domestic violence or any situation where your life is on the line, your safety always comes first. It’s more important than any paperwork or procedure. This is especially true if you’ve been a victim multiple times. And while it may be a Herculean task to stay composed during these critical times, it’s important to have a plan at hand.
First, if your situation allows, find a safe place where you can stay temporarily. It could be a trusted friend’s house, family, or even local shelters that can provide protection. When planning, don’t forget to pack an emergency bag. It must contain medications, important identification documents, spare clothes, and some cash or access to money.
Most importantly, let someone you trust know what’s happening so they can check on you and provide support during this difficult time. If you managed to protect yourself and you’re in a safer environment, it’s now time to file your complaint.
Step 1: File a Police Report
One of the first official steps is reporting to the police. There are a few ways to do this. First, you can file a report in person, which is often the most direct approach. You can walk into your local police station and tell the officer at the front desk that you need to report domestic violence. They should take you to a private area where you can speak with an officer.
If you are unable to go to the police station and currently safe, you can still report an abuse that happened earlier. To do this, you can call the non-emergency number for your local police department.
What to expect when reporting:
- The officer will ask you questions about what happened
- They’ll want details like dates, times, and specific incidents
- You’ll need to describe any injuries or threats
- If possible, show them any evidence you have (photos, texts, etc.)
Don’t forget to ask for the officer’s name and badge number, and get a case number for your report. Write these down somewhere safe. This information will be important if you need to follow up later.
Step 2: Document Everything
Your word matters, but having evidence makes your case stronger. Start keeping track of everything:
Physical Evidence
Take clear, well-lit photos of any injuries you’ve sustained, even if they seem minor, as bruises may develop later. Preserve torn clothing or broken items that show signs of violence, and photograph any damage to your home that resulted from violent outbursts.
Digital Evidence
Save threatening texts, emails, and social media messages by taking screenshots. You must back them up to a secure location. You must also record grave voicemails by playing them on speaker and recording it with another device. Plus, you can capture screenshots of any concerning online activity or harassment.
Written records
Keep thorough written records by starting a journal where you document dates, times, and detailed descriptions of all incidents. Make note of any witnesses who saw or heard the abuse taking place, including names and contact information when possible. Write down all threats made against you, even those that seemed “minor” at the time, as they establish a pattern of intimidation and control that strengthens your case.
Keep all this evidence somewhere the abuser can’t access it—maybe in a password-protected cloud account, with a trusted friend, or even at your workplace.
Step 3: Get Medical Attention
If you’ve been physically hurt, getting medical care serves two important purposes. For one, it ensures your injuries are properly treated. It also creates official medical records to document the abuse, which is a crucial factor to back your claims up.
When seeing a doctor or nurse, you must be honest about how you got your injuries. Ask them to document everything in your medical record and request copies of your medical reports for your compilation of evidence.
You may want to consider taking photos of injuries at the hospital/clinic as well. Even if injuries seem minor, getting them checked out creates that paper trail that can help your case later.
Step 4: Apply for a Protective Order
A protective order (sometimes called a restraining order or order of protection) is a legal document that orders the abuser to stay away from you and stop the harmful behavior.
To get one, here’s what you can do:
- Go to your local courthouse or family court (in some places, you can start this process online)
- Ask for the forms to file for a protective order against domestic violence
- Fill out the paperwork explaining the abuse and why you need protection
- A judge will review your request, usually on the same day
- If approved, you’ll get a temporary order right away
- A hearing will be scheduled (usually within 2 weeks) to decide on a longer-term order
Now, why is a protective order important? Aside from protecting yourself from the abuser’s harm, it can also be your ticket to move out to your shared home. Plus, with this order, the abuser will be demanded to surrender their firearms.
Finance-wise, it demands them to continue paying certain bills if you share finances. And lastly, it will give you temporary custody of your children if you have any.
It’s important to note, though, that a protective order is a legal tool, not a physical barrier. So, it’s still important to stay alert and follow your safety plan.
Step 5: Connect with Support Services
Going through this process alone is tough. Fortunately, there are domestic violence advocates whose job is to help you through exactly this situation,
They’ll explain your legal options to you and accompany you to court appointments. If you don’t feel protected yet, they’ll assist you with safety planning and help you find safe housing. Plus, they’ll connect you with counseling services.
Here’s a list of where you can find them:
- National Domestic Violence Hotline: 1-800-799-SAFE (7233)
- Local domestic violence shelters
- Legal aid organizations
- Victim services departments at your local courthouse
- Some police departments have victim advocates on staff
These services are usually free, and many have staff available 24/7.
Step 6: Prepare for What Comes Next
After filing your complaint, the legal process might take different paths depending on your situation and local laws. One turn could be a criminal charge. If the police find evidence of a crime, they may arrest the abuser. The district attorney decides whether to press charges, not you.
If charges are filed, you might need to give a statement to investigators, and you could be called to testify if there’s a trial. However, the abuser might be released on bail with conditions
If it’s not going to be a criminal case, it will be pursued as a civil remedy. This includes a longer-term protective order, divorce or legal separation, child custody arrangements, and/or financial support orders
You Deserve Safety
Filing a domestic violence complaint is scary. But remember, the abuse is not your fault, and you deserve to be safe. While the process might seem complicated, you don’t have to figure it out alone. Reach out to the resources mentioned above, take one step at a time, and be patient with yourself.
