Domestic violence is a serious issue that can occur in any relationship, including during a divorce. If you or your children are victims of domestic violence, it is important to take steps to protect yourself. One option is to obtain a protective order or restraining order. In this blog post, we will provide an overview of how to obtain protective and restraining orders in cases of domestic violence during divorce.

Understanding Domestic Violence and Divorce

Definition of Domestic Violence

Domestic violence can take many forms, including physical, emotional, sexual, and financial abuse. It can occur in any relationship, regardless of gender, age, or sexual orientation. It can also occur during a divorce, when tensions are high and emotions are raw.

Relationship between Domestic Violence and Divorce

Domestic violence can be a factor in divorce cases. In fact, it may be one of the reasons for seeking a divorce. It is important to remember that domestic violence is a serious issue that should not be ignored or minimized.

Protective Orders and Restraining Orders

Definition and Types of Protective Orders and Restraining Orders

Protective orders and restraining orders are legal documents that require an abuser to stay away from the victim. They can include a variety of provisions, such as prohibiting the abuser from contacting the victim or coming within a certain distance of the victim’s home or workplace. There are several types of protective and restraining orders, including emergency protective orders, temporary restraining orders, and permanent restraining orders.

Process for Obtaining Protective Orders and Restraining Orders

The process for obtaining a protective or restraining order can vary depending on the state and the circumstances of the case. Generally, the victim must file a petition with the court and provide evidence of the abuse. The court will then review the petition and evidence and make a decision about whether to grant the order.

Evidence Required for Obtaining Protective Orders and Restraining Orders

Evidence is crucial for obtaining a protective or restraining order in cases of domestic violence. A victim must provide evidence to the court that they have been abused by the abuser in order to obtain an order. Types of evidence can include physical evidence, such as photographs of injuries, as well as testimony from witnesses and the victim. Documentation of incidents of abuse, such as police reports, medical records, and emails or text messages from the abuser, can also be important evidence. Evidence can be used to demonstrate the severity of the abuse and the need for protection, and can help ensure that the court grants a protective or restraining order.

Types of Evidence

In order to obtain a protective or restraining order, the victim must provide evidence of the abuse. This can include physical evidence, such as photographs of injuries, as well as testimony from witnesses and the victim.

Documentation Required

It is important to document any incidents of abuse, including the date, time, and location of the incident. Victims should also keep any relevant documents, such as police reports, medical records, and emails or text messages from the abuser.

Violation of Protective Orders and Restraining Orders

Consequences of Violating a Protective Order or Restraining Order

Violating a protective or restraining order can result in serious consequences, including arrest and imprisonment. It can also affect the outcome of a divorce case, especially if the abuser is found to be in contempt of court. It is important for victims to understand that violating a protective or restraining order can have serious consequences for the abuser. It is also important for victims to take steps to protect themselves in the event of a violation. This can include notifying the police, seeking legal advice, and documenting any violations. In addition, victims should seek support from friends, family, and professionals to address the emotional impact of domestic violence and the violation of the protective or restraining order. With the help of legal and emotional support, victims can take steps to ensure their safety and protect their rights.

Legal Options for Addressing Violations

If a protective or restraining order is violated, the victim can take legal action to address the violation. This can include filing a police report or petitioning the court for a contempt order. It is important to seek legal advice to determine the best course of action.

Domestic violence is a serious issue that can impact divorce cases. If you or your children are victims of domestic violence, it is important to take steps to protect yourself. One option is to obtain a protective or restraining order. At Higdon, Hardy & Zuflacht, L.L.P., we have experience helping victims of domestic violence navigate the legal process. Contact us today to learn more about how we can help you.