Domestic Violence: Navigating a Dangerous Path on the “Divorce” Journey

When parties separate in a divorce, or at the end of any intimate relationship, the cloud of domestic violence can hover over the initial stages of the parties legal proceedings. Domestic violence can be complex, unpredictable and its impact can last for generations.

It is well understood that Domestic violence is a serious issue that affects many individuals and families. Understanding your legal rights and options is crucial for protecting yourself and your loved ones. Domestic violence includes physical, emotional, psychological, or sexual abuse by a current or former intimate partner or family member. It can occur in various forms, including hitting, threatening, stalking, or other actions that cause harm or fear.

Domestic violence is not driven by the parties gender or sexual orientation. Too often outsiders scoff that straight men can be victims in an abusive relationship. Men, as a result, will not report incidences, in part because they are embarrassed. This skews the figures used to analyze societal trends.

With that in mind, lets a take a look at legal implications.

1. Restraining Orders: One of the primary legal protections available to victims of domestic violence is a restraining order. A restraining order can prohibit the abuser from contacting or coming near you and if there are minor children of the relationship in the household can also include provisions for temporary child custody and support.
2. Emergency Protective Orders (EPO): In immediate danger situations, law enforcement can request an EPO on your behalf from an on call duty judge. An EPO is a short-term (5 days) order designed to provide immediate protection so that the victim can take the necessary steps to get a Temporary Restraining Order.
3. Temporary Restraining Orders (TRO): A TRO can be obtained from the court and provides protection until a hearing can be held for a more permanent solution.
4. Permanent Restraining Orders: After a court hearing at which both sides can present evidence, a judge can issue a permanent restraining order, which can last up to five years and be renewed if necessary.

1. Seek Safety: If you are in immediate danger, call 911 or your local emergency number. Ensure your safety and the safety of your children first.
2. Document the Abuse: Keep records of any incidents of abuse, including photographs, medical reports, and written accounts of what happened. This documentation can be crucial in obtaining legal protection.
3. Contact a Lawyer: Consulting with a lawyer who specializes in domestic violence can provide you with the guidance and support you need. A lawyer can help you understand your rights, navigate the legal system, and obtain protective orders.
4. File for a Restraining Order: Your lawyer can assist you in filing the necessary paperwork to obtain a restraining order. This may include completing forms, gathering evidence, and representing you in court.
5. Utilize Support Services: Many communities offer resources such as shelters, counseling, and support groups for victims of domestic violence. These services can provide additional support and help you rebuild your life.

As a Certified Family Law Specialist, I am committed to parties on both sides of domestic violence navigate the legal system and obtain the help they need. Seasoned family law counsel ensures that you receive knowledgeable and compassionate support throughout the process.