In many of the divorce cases a divorce lawyer handles, domestic violence and abuse have played a significant role in the breakdown of the marriage. Next month, the entire month of October is dedicated to Domestic Violence Awareness Month. Under the law in most states, there are a number of types of behaviors that are legally considered abuse, including stalking, harassment, intimidation, exploitation, interfering with personal liberty, and physical abuse. Abuse may occur between current or former spouses, parents who share a child, individuals who currently or formerly lived together, as well as other family and household members.
Available Relief from Orders of Protection
An order of protection – sometimes called a restraining order – can restrict the alleged abuser from doing many different things, depending on your situation. Some of the most common provisions are as follows:
Prohibit the abuser from continuing to threaten or abuse the victim
Order the abuser to stay away from the victim and his or her family, as well as their home, workplace, and school
- Require the abuser to undergo counseling
- Grant the victim temporary possession or custody of any child in common
- Place restrictions on the abuser’s visitation rights with any child in common
- Award the victim possession of personal property and a home in which both the abuser and victim had been living
- Require the abuser to pay child support for any child in common
- Order the abuser to turn over all weapons to law enforcement officials, if the danger exists that he or she will illegally use the weapons against you
How to Request an Order of Protection
Although each state has its own laws and processes in place, generally, in order to obtain an order of protection, you can have your divorce lawyer file a petition for an order of protection in civil court. This can be done as part of your divorce proceedings.
Whether you need a restraining order against a former boyfriend, a current spouse, or your child’s other parent, the assistance of an experienced divorce lawyer who has experience in domestic violence cases can help.
Contact a Family Law Firm for Legal Assistance
If you are a victim of domestic violence, there is help available. You do not have to go through this alone. Check out the domestic violence groups in your area. These groups are entirely confidential and have protocols in place to ensure your safety from your abuser. If you are in immediate danger, contact law enforcement right away.
A divorce lawyer can help you with the legal steps you need to protect yourself and your children and ensure you receive your fair share of the marital estate. The majority of attorneys offer free consultations and any contact with their law firm is completely confidential.