Unfortunately, divorce and custody disputes often begin due to domestic violence in the home. I often have potential clients who are concerned if they file of divorce or custody of the child it could lead the other spouse or parent to utilize physical violence or the threat of physical violence in an attempt to control the party seeking divorce or custody. Often times in these cases there have been domestic violence incidents in the past or there have been recent threats of violence used as an attempt to control the party trying to escape. Just as there are legitimate instances of domestic violence there are also instances in divorce and custody disputes where one party attempts to utilize a protective order filing to obtain an advantage in court over the other party. I have experience representing those seeking a protective order as well as those who have been served with an application for a protective order. It is critical if you are seeking a protective order or if you are the one placed in a position to defend yourself against a bogus filing for protective order that you have experienced and aggressive legal representation.
If you are in an abusive marriage and you are considering divorce you should also consider asking the court for a protective order against your spouse forbidding them from contacting you, coming within a certain feet of you, your home, your work, harassing you, physically abusing you or threatening use of physical violence. A request for a temporary ex parte protective order can be made with the filing of the divorce and if granted the temporary ex parte protective order remains in place for 20 days. Once your spouse is served with the temporary ex parte protective order if they violate it they could be arrested and charged criminally. Protective orders may be available in other instances as well even if you are not married to the offender. Protective orders can also be utilized to protect your children as well. Contact me today if you have questions about obtaining a protective order or if you have been served with notice of an application for protective order or temporary ex parte protective order so we can discuss your case and the best line of defense.
