Many individuals contemplating divorces have been involved in domestic violence with their spouses, either as victim or perpetrators. A person who has been on the receiving end of acts of domestic violence within the last year may qualify to get a restraining order, properly called an “order of protection”, against his or her spouse. A judge may also issue an order of protection where the judge believes the order of protection is needed to prevent an act of domestic violence.
Orders of protection are certainly warranted where there has been significant domestic violence or where there is a real threat of continued domestic violence between spouses. It is improper, however, to seek an order of protection as a custody order. Many individuals exaggerate or even misstate facts in order to obtain an order of protection which includes a child as a protected person. It is a disservice to legitimate victims of domestic violence when individuals who don’t really qualify for orders of protection stretch the facts to obtain them. When judges conduct hearings and discover the true facts, many of these unfounded orders of protection are dismissed. The judges are then more skeptical the next time a legitimate victim seeks an order of protection. If you are contemplating filing for divorce, you would be well served to consult with an attorney before seeking an order of protection except in the event of a true emergency.
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