Domestic violence is an unfortunate reality in our society, and it’s also a common one. While most people are aware that there is help available for victims, it can be very difficult to reach out and try to remove yourself from an abusive situation when it is happening to you.
When domestic violence is occurring within a marriage, the issue of whether to get a divorce also comes into play. If you find yourself wanting a divorce and a protective order, it’s important to discuss all of your options with an attorney.
The main reason is because protective orders are notoriously difficult to get. Domestic violence situations often end up as he said/she saids with very little evidence or witness testimony. Even if the police were called and a report was filed, it can be difficult to prove there is an immediate threat that warrants a protective order.
However, if you are already in the process of divorce, this can be an especially sensitive situation. Unfortunately, if there are children involved, there is the possibility that the the courts may think you are trying to push your soon-to-be ex out of their lives by making the logistics of custody exchanges and co-parenting extremely difficult with a protective order.
This does not mean that you should not remove yourself or your children from a dangerous or abusive situation. At Scott M. Brown & Associates, we can talk with you and go over the particulars of your case so that you fully understand how and if you may be able to get a protective order and how it may affect an in-progress divorce or an impending filing.