Do Something About it: Filing a Domestic Violence Restraining Order

Domestic Violence is a game changer, let us help you fight!

July 30, 2020

Domestic violence is sadly more common than most people know. Many people live in fear of their spouses and are mentally and physically abused regularly. Nobody should have to live with or be married to someone who treats them badly or harms them.

If you are scared of your partner and want to make sure they cannot come around you to injure or scare you, you may want to consider filing for a restraining order. If you’re married, you can also file for divorce. An Orange County domestic violence lawyer can help you with both.

What Is Domestic Violence?

Domestic violence is violence that occurs between two domestic partners. It often refers to physical abuse, but it can sometimes include mental and emotional abuse as well. Many people report the abuse to the authorities, but are forced to go back to their spouses because they have nowhere else to go or aren’t sure what steps to take to keep them away.

restraining order can help because it is a legal order that tells the abusive spouse to stay away from you. If they do not follow the order and come near you, they can be immediately arrested and placed in jail. Domestic violence is a big problem and should not be tolerated for any reason.

Is Domestic Violence Grounds For Divorce?

Yes, domestic violence is grounds for divorce. If you have filed for a divorce and have cited domestic violence as a reason, the courts will take this very seriously. If there is documented evidence of the abuse, it could help the abused spouse get the upper hand in the divorce order.

If you have a restraining order that shows that your spouse is dangerous and that you are scared of them, it makes the courts more likely to take your claims seriously and grant you the divorce faster to help keep you away from the abusive spouse. It can also help ensure your children are not placed with the abusive spouse where there is a chance they could be abused as well.

How Do I File A Restraining Order?

If you have decided that you need protection from an abusive spouse, it’s best to file a restraining order. You can do so with the help of an Orange County domestic violence attorney. Your attorney will help you decide if you need to file a restraining order and help you fill out the right paperwork to do so.

If you decide to move forward with a divorce, your attorney will be by your side to ensure the restraining order remains in effect, and that you are able to go through the divorce process as much as possible without having to worry about facing your abusive spouse more than you should. In many cases, filing a restraining order is the first step towards a divorce and can help the abused get away from the abuser more easily.

Should I Hire An Attorney?

If you are planning on filing a restraining order against a spouse for domestic violence and filing for divorce, it’s a good idea to hire an attorney to help with your case. You don’t want to have to face your spouse alone or wonder if the court system will take your restraining order seriously, you want to know that you have someone on your side to help you through the case.

Hiring an attorney means you have someone who is familiar with domestic violence cases and who will be there to support you through your case so you don’t have to deal with it on your own. Your attorney will know the ropes and be able to advise you on the best plan of action.

Will I Have To Face My Abuser In Court?

There’s a good chance that you might have to face your abuser in court. If you have a restraining order against the abuser, the court system may be willing to reduce the interaction between you as much as possible. You may also be able to hire an attorney who will show up in court to represent you so you don’t have to make an appearance.

You can trust your attorney to make decisions for you. In most cases, the court system will allow this, especially if there is a history of domestic violence and you have a restraining order filed against your spouse. Your attorney can work with the court system to help you avoid interacting with your abusive spouse.

Are Domestic Violence Divorce Cases Complex?

In some ways, domestic violence cases are more complex and in others, they are simple. When there are obvious signs of domestic violence and a record of the abuse, it’s easier for the court to make a decision. The divorce will be granted faster and things like alimony and child support may be easier to negotiate as well. The court system doesn’t want to see a spouse abused by another and they will make sure the couple does not have to be together any more than necessary. It can help make the divorce process go faster and make negotiations and terms of the divorce decree easier to understand.

If you are thinking about getting a restraining order and eventually a divorce, you may want to hire an experienced domestic violence or family law attorney. The right attorney will not just see you as a client, but a person they care about. They will understand that divorce is not easy and neither is getting a restraining order against someone you are married to. They can be your support throughout the process and will make sure you get the results you deserve.

If you are ready to hire an attorney to represent you in court, be sure to call Lemkin Law. We have a team of experienced legal professionals who are waiting to help you. Give us a call today to learn more about our services and your options. We are here to help.

Call today to speak with Hollie A. Lemkin to discuss your questions & issues!


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