Domestic Violence Guide
Unfortunately, many family law cases involve domestic in various forms. Such violence may necessitate seeking an order of protection to keep you and your children physically safe. The courts have no tolerance for domestic violence and provide streamlined processes for victims to easily pursue the protection that they need. Terms of a Family Abuse Prevention Act (FAPA) Protection Order can vary to meet the necessary safety needs. The law allows you to obtain protection from domestic violence without having to file for a divorce or legal separation first. A restraining order is a court order that tells the other person (the “respondent”) to leave you and your children alone. It can tell the respondent to move from your home and can deal with temporary custody and parenting time of your children. It can also require the respondent to stay away from your home, school, place of employment, or your children’s day care provider, and other provisions that you think will help you stay safe. The order may also prevent the respondent from possessing firearms.
These types of orders can only deal with custody and parenting time issues temporarily. To get “permanent” custody and parenting time orders, you need to a file a family law case, such as a divorce or a custody case.
Domestic violence may take many forms beyond physical abuse that would allow someone to get a protective order. Emotional, mental, and financial abuse within a marriage can impact how your divorce progresses, as well as the type of support you might need.
Our attorneys are well-versed in domestic violence and are equipped to help you navigate throughout the process.
Copyright © 2023 McKean Smith LLC