Domestic violence is, unfortunately, one of the reasons why some couples get divorced. Because the safety of all parties is of paramount importance during this process, there are times when it may be necessary to obtain a domestic violence injunction. This order can help keep you and your children safe as you seek to remove yourself from an abusive situation. Speak to your West Palm Beach divorce attorney about such an injunction if you feel your safety is threatened in any way.
This injunction prevents certain acts from one party against the other. While it explicitly prevents abuse, it also can force one party to leave the home, give one parent temporary custody over the children, and prevent contact between the abuser and his or her family. If the abuser violates this injunction, he or she can be arrested.
In order to obtain such an injunction, a person must be the victim of domestic abuse or have reasonable cause to feel they are in immediate danger of becoming a victim. Some reasons a person might feel they are in immediate danger can include:
- Threats of violence against the parent or children;
- Acts of harm against family pets;
- Harassment, stalking, or other threatening acts;
- Attempts to harm a family member or close family or friends;
- Destruction or vandalism of personal property;
- Previous restraining orders issued against a person.
When a person files such an injunction, the judge will immediately consider the facts and determine if there is an immediate danger to the person or their family. If they determine there is sufficient evidence of a threat, they will issue a temporary (ex parte) order of protection. If issued, the order will last up to 15 days in order to allow the petitioner and his or her family time to find a safe residence. Before this order expires, there will be a hearing to determine whether there should be a final injunction against the abuser.
At the Law Offices of James S. Cunha, we have helped many men and women who have felt threatened during their divorce proceedings. We understand that during this emotional time, people can act irrationally and threaten their spouse and children. Your safety is of the utmost importance to us and we will pursue every avenue available under the law to keep you safe. To speak to a divorce lawyer about your matter, contact the Law Offices of James S. Cunha at 561-429-3924 to schedule a consultation.