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Will a protective order prove help prove my grounds for divorce?

July 1, 2018

Marriage is ideally supposed to be a joyous union between two happy partners. Unfortunately, while this is the ideal, it doesn’t always work that way in real life. Real life can be vastly more complicated. Sometimes a woman or a may may find that their spouse does not respect them. The spouse may even be abusive in some way. Abuse can take many forms including verbal abuse, psychological abuse and actual physical abuse. Women who are subject to abuse on a frequent basis may find it hard to function. Over time, this kind of stress can have all sorts of potentially damaging consequences. People who face abuse may find it hard to carry out many daily activities. They might find it nearly impossible to do things they need to do such as perform work tasks and care for their children. If this issue is present in the home, people have legal options. Legal orders allow any person being subject to abuse of any form the right to claim legal protection against a spouse.

Legal Help

A spouse can contact their local police office and file what it known as a protective order. These protective orders are designed to help the spouse. The goal is ideally to offer a legal way for the woman or man to avoid contact with an abusive partner. Domestic violence is a serious issue and a serious problem. Women may feel their lives and the lives of their children are directly in danger. In that case, the decision to file a restraining order can feel scary but it is also a necessary step to make sure they have the protection they need. A protective order can make certain requirements on the spouse over time. This may include they no longer enter their home. It may also include other issues such as close contact with a child or coming to their place of business at any point in time. A protective order may also mean that the person it applies to is not allowed within a certain distance of their actual, physical person. If this person violates this order, local law enforcement officials can choose to take action against them. The order gives the man or woman the chance to let law enforcement officials know that there is a problem that has been documented and that they may need to respond to make sure the person is fully protected.

Getting Divorced

In many instances, the spouse who is facing such abuse comes to realize that getting out of this relationship is their best course of action. A divorce can offer an additional layer of protection against domestic abuse. The divorce means the partner can no longer have access to her finances. A divorce also means that the abusive partner is also legally obligated to leave their joint place of residence and move somewhere else. The divorce may also allow her to take full control and custody of her kids without worrying that the partner can ask to be involved in their care. A divorce can also help the partner being abused make a new start in a place far away where the abuser can no longer come near her. This is why many woman choose to get a divorce.

Grounds For Divorce

There are multiple grounds for divorce. A couple can decide on a no fault divorce. In that case, nothing more need to be said to the court officers other than the parties have irreconcilable differences. There are also other grounds for divorce. Some states allow what is known as a fault divorce. The fault divorce means that a specific issue was found that can lead to divorce. One of the grounds for a fault divorce is actual violence against the other party. A judge may want to see prior evidence of any abuse. When a person takes out a protective order, this can present the kind of evidence the court needs in order to grant this type of divorce. A protective order with many details allows the woman or man to illustrate exactly how the person hurt them in some way. This kind of order can help establish a pattern of verbal and physical abuse over time. When it is apparent that the person seeking the divorce has repeatedly suffered any form of abuse from the spouse, the divorce may proceed more quickly and more easily. A protective order demonstrates that the spouse can no longer live in harmony and safety.

Protective Counsel

Women and men who are looking for a divorce based on serious issues of misconduct with a spouse should be especially careful. An abusive spouse may be overprotective and controlling. The very idea that his spouse is seeking to separate may cause him to react with additional domestic abuse. This is why anyone who is planning a divorce of this kind should have skilled legal counsel at their side. A lawyer can help their client successfully navigate any issues they are likely to face as they seek a divorce. The other party may disagree that any abuse ever took place. They may also disagree about many aspects of the person’s allegations including why the restraining order was filed in the first place. A lawyer can make sure that the court system hears the person’s voice. With their help, it’s possible to get a divorce and move past this unpleasant and unproductive relationship.

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