Divorce is already a challenging process, but for those injured by domestic violence, it can be even more difficult. The legal system provides several protections to help individuals stay safe and secure while going through a divorce. Knowing these protections can make a big difference during this stressful time.
Obtaining a restraining order
One of the most important legal protections is a restraining order, and this court order helps keep the abuser away from the abused individual. There are two types: a Temporary Restraining Order (TRO) and a Final Restraining Order (FRO).
A TRO can be quickly issued to provide immediate protection. If the court finds it necessary, they may make the TRO permanent with an FRO. These orders can include provisions to prevent the abuser from contacting or coming near the other spouse and their children.
Exclusive possession of the home
Courts can grant the plaintiff exclusive possession of the marital home. This means that they have the right to stay in the home, and the abuser must leave. This protection ensures that the abused individual and any children involved have a safe place to live during the divorce process. The court can also decide who will cover the costs of the home, such as the mortgage or rent, during this time.
Child custody and visitation
Courts take child custody and visitation very seriously. Their priority is the safety and well-being of the children. If the abuser poses a threat, the court may limit or supervise visitation. In some cases, they may deny visitation altogether. The court will also consider any history of abuse when making custody decisions.
Financial support
Those being harmed by domestic violence can also seek financial support during a divorce. This can include alimony (spousal support) and child support. The court will consider their financial needs, the impact of the abuse on their ability to work, and the needs of any children involved. This support helps those abused maintain financial stability as they move forward.
Navigating divorce with protection
Navigating divorce in the context of domestic violence demands careful legal guidance and support. Understanding the options available can help create a path toward safety, independence, and a more secure future. Taking informed steps during this process can make a meaningful difference in regaining control over your life.