A protective order, also known as a restraining order, is an official document administered by the court that compels an individual to stop communicating with and to stay away from the person who requested the order. Obtaining a restraining order after a divorce is relatively common, especially when the marriage ended due to matters relating to domestic abuse.
If a person is afraid their ex-spouse will try to stalk them or harass them after the dissolution of their marriage, they should obtain a protective order as soon as possible. If a person is granted the protective order, the following conditions will generally be put in place for the ex-spouse to follow:
- They must stop all contact and communication
- They must move out of the home shared with the victim
- They must stay away from the victim’s home, job, and schools
- They may be compelled to submit to counseling
- They must reimburse the victim reasonable expenses
If a person is going through a divorce and they want a protective order, they should connect with a divorce attorney and apply for one as soon as possible to ensure they get the safety that they are looking for.
Often, when a spouse is abusive, the victim of abuse is too scared to speak out or take any action, especially if they lack evidence of being abused. If a person is scared for their safety or the well-being of their children they do not have to wait until the police conduct an investigation, and they can connect with an attorney to help them file for the legal protection they need as soon as possible.
How domestic violence affects a divorce case in Queens, New York
If a person claims protection from their spouse due to the domestic abuse they suffered, the court will consider this when issuing the divorce. Whether a person suffered abuse, or it was their children who were harmed, there are significant chances that the court will favor the victim of domestic abuse with matters such as child custody.
If a person is worried about the safety of their children, they should connect with a divorce lawyer who can help fight for their protection to ensure that their ex-spouse does not even visit the children unless they are supervised during the process.
Get in touch with a divorce attorney today at the Law Office of Charles Zolot to get the necessary legal help required to obtain a restraining order against a former spouse.
Reach us at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640