Domestic abuse is a serious issue many families have to deal with. If you have been abused by your spouse, you don’t want to stay unheard of forever for your sake and the sake of your children. There are resources available to protect you and you can seek a civil protection order or restraining order to protect your safety during a divorce. Denver divorce attorneys can help you get a restraining order during a divorce. Here’s what you should know about this order:
How a Restraining Order Works
A restraining order is a court order initiated to protect a person from the act or threat of abuse, violence, or harassment. Restraining orders in Colorado are usually issued in cases of domestic or family violence. The legal document restricts the accused perpetrator from contacting the alleged victim. It can dictate where the alleged abuser can and cannot go and who they can and cannot contact. To be granted an order, you should establish a reasonable fear of abusive behavior occurring in the future. An order of protection is meant to stop the abuse.
Remember that family court proceedings are civil in nature. You don’t need to prove your spouse’s guilt of a criminal offense. But, violating an order of protection is a crime.
How Domestic Abuse Allegations May Affect Alimony and Child Custody
Judges will consider domestic violence allegations in child custody proceedings. Also, these allegations may be considered as a factor in awarding alimony as part of a final divorce decree. In terms of child custody, even if domestic violence or abuse has been proven, this does not automatically end the inquiry. The court may still consider all related factors and determine what would be in the best interests of a child. Usually, this means the alleged abuser can still be given limited, supervised visitation rights with the child.
Dealing with the Legal Consequences of a Restraining Order
Even if a divorce case has been resolved, this does not end the order of protection. This order may continue in force for months or years depending on its terms. Also, criminal domestic violence charges may be separately brought against the alleged abuser.
A domestic abuse or violence allegation has serious consequences on a divorce, affecting both the abused and the abuser, spouses should work with an experienced attorney. Regardless of your specific situations, your lawyer is prepared to help protect your rights and keep you and your children safe from the alleged abuser during a divorce.
