It is important to seek the advice of a knowledgeable and experienced attorney when Domestic Violence is at issue. This is especially true if divorce and custody are also involved.
For more information on Domestic Violence Restraining Orders, see below.
Domestic violence refers to abuse or threats of abuse that occur between people who share a close personal relationship. This does not only refer to physical abuse or threats of abuse, it can also be emotional, psychological, financial or sexual abuse or threats of abuse.
If the Court determines that Domestic Violence has occurred, it can issue a restraining order. This order can contain restrictions on conduct as well as a stay away order. A stay away order restricts the restrained party from being in the presence of the protected party and is generally stated as the restrained party cannot be within a certain distance of the protected party, like 100 feet.
To receive a Domestic Violence Restraining Order, the parties need to be either married or domestic partners, persons in a dating relationship or who once dated, persons who live or lived together, persons who have a child together, and other close relatives. If the other party in your case does not fit in these categories, a civil harassment restraining order may be appropriate.
It is important to protect your rights whether you are the abused or the accused, as a domestic violence restraining order has many implications as to other issues in a divorce or child custody case.