Suffering through domestic abuse and then going through the process of getting out of an abusive relationship is undeniably draining. One way to ensure you’ve done everything within your power to end and abusive relationship is to have a protective order filed.
A protective order is a court document that serves two primary functions. First, it creates a record of your abuse at the hands of the specific person it is filed against. This record is recognized nationwide, meaning a protective order will be valid if you choose to move away. More importantly, a protective order will prohibit the person you file it against from communicating with you, being close by, threatening, or harming you. It can also force him or her to pay child or spousal support, if applicable.
While a protective order is a legal document that explicitly states a person should leave you alone, the individual it is filed against may not always honor it. If a person violates a protective order, he or she may face criminal charges, but that may not always be a enough of a deterrent. If you file a restraining order, be sure to stay vigilant, just in case your abuser chooses to break the terms of the document.
If you’re the victim of domestic abuse, a protective order may be able to help you protect yourself and your children from an abusive ex spouse or family member.
There are many reasons why married couples ask for divorce, each of which can complicate the divorce process in its own way. However, regardless of the reason for a divorce, the entire divorce process can be tedious and may take a lot of time, lasting anywhere from a couple of months to a couple of years. Thus, with so many issues to settle, many spouses seek to be granted a temporary court order to address specific and necessary issues in a timely manner. Temporary court orders are granted once the divorce has been filed and stay in effect until the court has made a final settlement agreement between both spouses.
A temporary court order is legally binding and should be followed by both spouses, otherwise they will be held in contempt of court and could face penalties and even jail time (all to the discernment of the presiding judge). These court orders have many functions, and among the many things they address are:
- Child-related concerns – issues such as child support, how much should be paid, child custody and visitation schedule can lead to a temporary court order being issued.
- Property issues – before the implementation of the temporary court order for divorce, both spouses are required to submit the list of their personal and marital properties. Afterwards, the judge determines which spouse will live in the marital home and who will pay the mortgage (or if both spouses should pay for it), among other property issues. Additionally, issues such as how household items, credit card debts, and car are divided are also covered.
- Temporary spousal support – depending on the earnings of each spouse, the amount of spousal support can differ. The objective is to make sure both spouses can live in equal comfort until the final decision has been made. This can be through direct monthly payments or through utility bills.
Usually, temporary court orders for divorce are only necessary if the spouses have not decided on their own regarding these issues, but action needs to be taken quickly. Although it is advisable to get permanent agreements in place as soon as possible, these temporary ones provide necessary instructions and guidelines for spouses when undergoing a divorce.
Presently, about fifty percent of marriages in America end in divorce. Even though it has become commonplace to file for divorce, most people going through it can still be confused about its proceedings and how it works. If you or someone you know is going through a divorce, or planning to get one, it is advisable to consult divorce lawyers in order to understand how it works and how you can reach terms of settlement which will be agreeable to both parties.
There are generally two types of divorce, uncontested divorce and contested divorce. Uncontested divorce is the type where both spouses have agreed on almost all settlements such as alimony, child custody and support, division of property and debts, and any other issues which may arise. They both consent to getting a divorce and are willing to work together to settle anything regarding the dissolution of their marriage. For many, uncontested divorce is desirable because it allows them to avoid going to court and paying higher legal fees.
The other common type of divorce is contested divorce. As the name suggests, contested divorce occurs when one of the spouses does not agree to the divorce or they may not agree on certain aspects of their divorce settlement. Most of the time, contested divorce occurs because of disputes in divorce agreements, which is why it is best to have divorce lawyers present to give advice and legal counsel to avoid further complications and reach an agreeable settlement.
Because there are disagreements in certain aspects of the divorce, a contested divorce can take longer and cost more than an uncontested one. For this reason, it is particularly important that the parties engaged in contested divorce proceedings have appropriate legal representation in order to resolve their differences as quickly and equitably as possible.