Divorce can be an emotionally challenging process, especially when there is a history of domestic violence. Prioritizing your safety and security during this time is of utmost importance. Continue reading this article to learn about the need for and the process of requesting an Order of Protection.

Understanding Orders of Protection

An Order of Protection is a legal tool that offers immediate protection to victims of domestic violence. It is designed to prohibit an abusive individual from continuing harmful actions and to create a safe environment for the victim and their children, if applicable. Your attorney can help you to better understand such orders of protection. can safeguard you during your divorce process.

Legal Rights and Options

As a victim of domestic violence, you have legal rights and options to protect yourself during your divorce. Consult with an experienced family law attorney who can guide you through the legal process and help you understand your rights. They can assist you in filing for an Order of Protection, obtaining temporary custody of your children, and exploring other legal remedies available to secure your safety.

Requesting an Order of Protection

To request an Order of Protection, you will need to gather evidence that supports your claims of domestic violence, such as police reports, medical records, photographs, or witness statements. Working with your attorney, you will have to submit a detailed petition outlining the incidents of abuse and the need for protection. The court may require you to attend hearings or court appearances to present your case and provide additional evidence, if required.

Role of Law Enforcement and the Courts

Law enforcement agencies and the courts play a crucial role in ensuring your safety during the divorce process. As much as you can, report incidents of domestic violence to the police, providing them with evidence to support your claims.

Helpful Pointers for Your Long-Term Protection

  • Establish a Safety Plan: Create a safety plan in collaboration with your support resources; ie your therapist or social worker. You can do this on your own too by simply making a list of actionable items that will make you safer such as changing locks, securing your residence, notifying schools or workplaces about the situation. Having a support network as part of your safety plan is always a great idea.
  • Document Incidents: it is important that you keep as much ofa detailed record as possible if any incidents of abuse. This should include dates, times, locations, and a description of what occurred. This documentation can serve as evidence for legal proceedings.
  • Seek Counseling and Support: High conflict divorces can be very traumatic. You may need to engage with a therapist or counselor who can provide emotional support and assistance in processing the trauma associated with domestic violence.
  • Restrict Communication: As much as you can, try to avoid communication with your abuser; this can help maintain your safety and peace of mind. Consider changing phone numbers, blocking social media accounts, or creating a separate email address for legal and important communications.

Having to navigate a divorce with an abuser is quite the task, but you are not alone. Support is at the ready. Speak to our family law attorneys here today.