Divorce is never easy and when it involves domestic violence there are additional factors to consider. The safety of you, your children, and even pets will be the top priority. It will require a strategy that provides a place of safety for you and your children, an attorney specializing in domestic abuse, restraining orders, and therapy.
Make a plan to escape the situation, being careful not to transmit your intentions. An abusive partner is often able to detect when the victim is preparing to leave and can be at their most dangerous. It’s imperative that you engage an attorney experienced in handling cases of domestic abuse.
Domestic abuse encompasses a variety of actions from physical battery and sexual assault to stalking, kidnapping, and holding you or any other family member against their will. Any of those situations is a criminal offense. Fear of reprisals and retribution prevents many people from reporting abuse to the police, which is one of the primary reasons that a skilled domestic abuse attorney is so important.
Your attorney can file an injunction to protect you from further abuse. There are very specific filing requirements for an injunction with which your attorney will be familiar to ensure success. A temporary injunction is the first step and will typically be for 15 days, allowing you to prepare for filing a permanent or final injunction. The court considers multiple factors when determining the issuance of a permanent injunction. They are:
- Attempts to harm
- Threatening to kidnap or harm children
- Killing or injuring a pet
- Having a criminal history
- Threats
- Restraining of the victim
- Threatening to use a gun
- Destruction of property
- Any prior injunctions
Don’t suffer in silence. Removing yourself from a violent marriage is essential for the safety of you, your children, and pets. An attorney experienced in domestic abuse will fight for your safety, rights, and freedom from your abuser. Your attorney will have access to resources to help with safety and coping with the trauma.
Whether you need a Divorce, are dealing with Custody or Child Support issues, or need representation in a Personal Injury matter, the Law Offices of Theodore H. Enfield can confidently assist you. To learn more about how we can help you or to discuss the facts of your case with our attorneys, call to schedule your free consultation.