Domestic Violence Awareness Month: Protecting Yourself and Your Children - Ep 44

In Episode 44 of Cases & Cocktails, Bryan and Janice Eggleston launch a month-long series focused on domestic violence, timed with Domestic Violence Awareness Month. Over a refreshing Vodka Spritzer—Ketel One vodka with peach and orange—the Egglestons take on one of the most difficult, but necessary, conversations in family law: how victims of family violence can protect themselves and their children, and the common pitfalls they face in seeking legal protection.

The First Step: Safety Above All

Bryan and Janice stress that if someone feels unsafe, their first call should not be to an attorney—but to law enforcement. Police and emergency responders can intervene immediately, provide de-escalation, and even request emergency protective orders or bond conditions to keep an abuser away. Attorneys can help afterward, but personal safety must come first.

As Janice explains, “One incident of domestic violence is too many. You need to report it—period.”

The Legal Reality: No Quick Fixes

Victims often assume that attorneys can deliver immediate restraining orders. While temporary restraining orders and protective orders are available, the Egglestons explain that the process involves affidavits, filings, and hearings that can take days or even weeks. Protective orders are powerful tools, but they are temporary by nature and require significant follow-up litigation to secure lasting protections.

This delay can be frustrating, particularly for victims who have already endured repeated abuse before reaching out for legal help. Bryan and Janice emphasize the importance of planning ahead where possible, documenting incidents, and working closely with attorneys to build strong affidavits and cases.

The Emotional Toll of the Process

Beyond legal paperwork, victims face the trauma of reliving abuse—through affidavits, testimony, and courtroom hearings. The Egglestons urge victims to seek mental health support in addition to legal assistance. Therapy, counseling, and strong personal support systems—whether friends, family, or faith communities—are critical for navigating both the litigation process and the personal recovery journey.

Common Pitfalls

The attorneys share some of the mistakes they frequently see in domestic violence cases:

• Delaying action until violence escalates, rather than reporting immediately
• Assuming attorneys can provide instant solutions without understanding court timelines
• Reconciling with an abuser during the litigation process, which often leads to repeated cycles of abuse
• Failing to report incidents—which can lead to CPS questioning whether a parent is “protective” if children later become involved

While these are understandable human reactions, Bryan and Janice remind listeners that each delay or misstep can create challenges in litigation and, in some cases, risks for children.

The Takeaway

Domestic violence is one of the hardest realities in family law. The Egglestons emphasize that victims are not alone—attorneys, law enforcement, mental health providers, and community resources can all play a role in protecting families. Reporting abuse is the first and most crucial step, followed by building a support system and working with legal professionals who understand the complexities of these cases.

As Bryan concludes, “Help yourself. Let your attorneys help you. Let your support system help you. That’s how you get to a place where you can be successful.”