Get A Lawyer’s Help In Your Domestic Violence Case
Domestic violence can take different forms and can involve spouses, domestic partners, children, grandparents or others who live together or are in significant relationships. When domestic violence occurs, the pain and damage can be serious.
Under the Domestic Violence and Abuse Act, the courts can issue an emergency protective order (EPO) or a domestic violence order (DVO) where it is determined that an act or acts of domestic violence has occurred.
Domestic is an act, or threatened act of violence, sexual abuse against a family member or a member of an unmarried couple who are now living together or who have formerly lived together.
An EPO or DVO can
- Prohibit the abuser from contacting or otherwise communicating with the victim;
- Prohibit the abuser from committing further acts of domestic violence;
- Prohibit the abuser from disposing or damaging the parties’ property;
- Direct the abuser to vacate the shared family residence; and
- Addressing post-marital debt
- Granting temporary custody of minor children to the victim;
A domestic violence order has an immediate impact on the ability to lawfully possess a firearm. Pursuant to both state and federal law, a person subject to a domestic violence order may not possess a firearm, and must surrender a permit to carry a concealed weapon.
A police officer who has probable cause to believe that the abuser has violated the protective order must arrest the offender. Violation of a protective order is a class A misdemeanor. Further, the willful violation of a court order may also be prosecuted as a contempt of court.
We will examine your situation and advocate for you to obtain comprehensive relief from the court to include making provision for child custody and child support orders as part of the domestic violence order.
Status Quo Orders
The filing of a divorce petition is not an opportunity for one spouse to either incur substantial debt or retaliate against the other spouse by not paying the mortgage, or health and automobile insurance. The court may enter an order prohibiting any party to the action to incur unreasonable debt, sell, encumber, give away, transfer, convey or dissipate any property in their possession or control without permission of the court.
It also mandates that no party shall allow the cancellation or lapse of any health, life, automobile, casualty, or disability insurance. It may also include that other major debts continue to be paid such as mortgages, student loans, or car loans.
Attorney’s Fees Orders
In appropriate cases, the court may order one spouse to pay the attorney’s fees of the other spouse. This may be necessary to level the playing field between a well-off working spouse and the other spouse who stays home with the children. In the event of such imbalance, it is important to immediately seek such a court order to alleviate the financial stresses of going through a divorce.