How a Divorce Lawyer can Help
(Broward County, Florida) – November 11th, 2015 – Divorce is never a pleasant experience even at the best of times. And to make matters worse, if you are the victim of harassment at the hands of your spouse during the divorce process, it can truly be intimidating.
Harassment occurs in various forms. Your spouse may stalk, threaten, or even assault you and do the same thing to your children. To shield yourself and possibly your children too, you can file a petition with the court for an HRO or Harassment Restraining Order, according to Broward County, FL divorce lawyers. You can find some of the best lawyers in this domain right here: https://usattorneys.com/.
Harassment vs Protective Orders
If you happen to be a victim of domestic abuse during divorce proceedings, you can petition for a protective order so that your spouse is out of harm’s way. A protective order usually includes temporary custody as well as child support. For this you must prove to the judge that your spouse has harmed you physically, inflicted physical harm, caused impending fear, or committed misconduct of a sexual nature. Fortunately, the standard for proving harassment is not very strict.
Just an act of sexual assault or physical violence is ample argument to obtain a harassment order. The same is true of any words, acts, or gestures that happen on two different days. These can be actions that cause or meant to cause an adverse impact on your privacy, safety, or security.
As any knowledgeable Florida divorce attorney will tell you, HRO remains a practical as well as tactical tool during a divorce. As a tactical tool, HRO is evidence enough that your spouse has harassed you or has been a dire threat to you and the children.
This will strengthen your case if you are trying to get custody of your children. In the form of a practical tool, HRO will provide you and the children with much needed peace of mind and sufficient protection from your spouse who threatens you. You can also file for an HRO on behalf of your kids, in case the spouse is harassing them also. Your Broward County, FL divorce lawyer can help out with this as well.
For the most part, harassment can cause your spouse to lose custody of the children after a divorce. According to Broward County, FL divorce lawyers, a custody regulation as established by the US National Conference of Commissioners on Uniform State Law states that at the time of determining custody the judge should seriously consider which of the parents is most liable to assist a kid in maintaining a healthy relationship with his/her other parent. This is known as the “best interests” standard and is meant to determine child custody all over the US.
Filing for an HRO
When you file for an HRO, it must be from your area of residence or from where incidences of harassment took place. This should be filed at the same court where you have already filed for your divorce. Your petition must describe in detail the type of harassment.
The Judicial Process
When you file an HRO in your county court, a judge will do one or more or the things after reading your petition, as mentioned below:
- Deny you a temporary approval of an HRO, but let you to request a hearing on the topic
- Grant you the HRO that takes immediate effect for a period of two years
Anyone who is a victim of harassment during divorce ought to make sure to consult a Florida divorce lawyer with trial experience to help you navigate through the complex procedures of a divorce. Too panicked to find this legal help? This source right here makes this process very simple.