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High-conflict divorces may require orders of protection

| Dec 9, 2020 | Divorce Process |

In high-conflict divorces, it’s important to understand your rights and how to protect yourself. If you’ve been a victim of domestic violence, it is essential that you reach out for the help you need to protect yourself and your children, if necessary.

Domestic violence can certainly take a toll on a marriage, and it can be even worse when children are involved. You should know that child custody can be affected by allegations of abuse in the home, whether that abuse is physical, emotional, financial or psychological.

How can you protect yourself and your children when filing for divorce?

If you want to file for divorce and are concerned about how your spouse will react, you may want to look into an order of protection ahead of time. With an order of protection or injunction against harassment from your soon-to-be ex-spouse, you can petition the court without the other person’s knowledge.

If you are living in fear of domestic violence occurring or it has happened in the past, the court will usually issue a temporary order of protection until a hearing can take place. If your spouse doesn’t challenge the order at the hearing, it will become permanent for a year. If they lose, the same is true.

Filing for this order of protection may help you remove your spouse from your home and keep them away from you. Their access to your children could be limited or allowed only with supervision in some cases, which is done to protect them if and when necessary. Your attorney can help you file for protection if you need it.