It is a big NO to put up with domestic violence and stay mum about it. Everyone has their own life and should not bear any abusive action against their human or legal rights. In many cases, married couples suffer throughout their married life, and a spouse’s abusive behavior is a significant cause of this suffering.
The best way to escape such a life is to consult a divorce lawyer. Not only can you experience violence or threats during married life, but it sometimes increases significantly after the marriage. If your spouse is unwilling to get a divorce, you will have a bit of a challenge ahead.
However, family law lawyers can provide you with their support and assistance in such cases. You can file for a protection order for yourself during the divorce process by explaining everything to your divorce lawyers. Family law lawyers can help you understand your legal options and guide you through the process of filing for a protection order. With their help, you can take the necessary steps to ensure your safety and protect your rights throughout the divorce proceedings.
A big issue arises when you have a child. Especially in case of domestic violence or child custody, you must also apply for a protection order for your child. Child custody lawyers have diverse experience and knowledge in this area so you should consider reaching out to one for their help. This article will brief you on everything you need to know about the restraining orders for your child and how you can legally file for them.
What Is a Restraining Order?
The court issues a restraining order, aka protection order, to protect someone from abuse or threat. You can get a restraining order for yourself, your child, or family members that need protection. A restraining order can restrain someone who physically or sexually abused, harassed, threatened, or stalked you.
Below are three types of restraining orders:
Order of Protection
When seeking protection from harassment, physical abuse, threats, or the likes, you can file for a restraining order against such a person before the court. If investigations prove your claim to be valid, the court will issue an order of protection that can limit the interaction between the two parties.
Divorce with a Restraining Order
Most of the time, the abusive spouse gets a restraining order after the divorce. You must tell your divorce lawyer for women every detail so they can proceed with the hearings and procedure accordingly.
Finding the best divorce lawyers is essential as they can tell you what the divorce process entails and how you can get a protection order against your spouse.
Child Custody and Visitation with a Restraining Order
Filing a restraint order can protect you from a person but not your child. To protect your child from coming in contact with the abusive spouse or ex-spouse, you must file for a child custody and restraining order.
Types of Restraining Orders for Children
Getting the proper knowledge about restraining orders is necessary. You should know about the actions you can take and their effects. Here are three restraining orders you can file for your child’s protection:
Temporary Restraining Order
After filing your case, you can ask the court for a temporary restraining order if there is a risk of harm to your child and yourself. With a temporary restraining order, the abuser or perpetrator can’t contact your child before the next hearing.
Emergency Protective Order
If you report violence against your child to the police, they will immediately file an emergency child protective order. Such an order has an immediate effect that lasts for a week. It allows you time and freedom to go to court and legally present your case. You will also get temporary custody of your child.
Permanent Restraining Order
After hearing and reviewing every aspect and side of the story, the court will provide you with a permanent restraining order for your child if you win the case.
Such a restraining order can last from one year to five years, depending on the case.
Where Can I File a Child Restraining Order?
You can file a protection order for your child in District, Family, or Superior Courts. But, hiring child support lawyers and taking the case to the district court is beneficial if you want custody and child support for your child.
Family courts are also very familiar with such cases. You can file for a restraining order or allow visitation as you see fit.
Your paternity lawyers can aid you with child custody and protection as well.
Legal Procedure for a Child Restraining Order
Whether in District or Probate court, a restraining order follows a similar procedure. However, the proceedings may be different. Remember, restraining orders can only be valid against a criminal proceeding. The court will consider a restraining charge if there is proof and reasonable belief of its need. The steps to file a child restraining order are as follows;
Application
The forms for a protection order are available in the court clerk’s office. First of all, you need to fill out the forms for the Child Restraining Order. The documents contain your personal information and information about the abusive individual.
Fill out the correct information about your child on the second page. You must also write about the complaints and the reasons for filing the protection order. Ensure to fill out the exact causes and what you want. For instance, if you are looking for relief for your child, want custody of your child, order specific visitations of the perpetrator with your child, etc. You should ensure to mention everything in the corresponding sections.
Notice of Court Hearing
After your application is processed, you will get a notice for a court hearing to present your case. Contact your lawyer and attend the hearing. You will need to confirm all the charges and complaints.
Temporary Restraining Order and the Next Hearing
After the primary procedure of the first hearing, the judge will schedule the next hearing for your case, usually after a week or two. If the issue is severe and immediate protection is necessary for your child, the court will grant you a temporary restraining order. But, you can also request a temporary restraining order for your child to be on the safe side. Such a restraining order keeps your child safe from any contact with the abusive individual, whoever it may be.
Child Custody and Restraining Order After the Hearing
In many divorce cases, child custody is a significant issue but the court will ultimately grant custody to the side they believe to be right. In the case of an abusive parent, the lawyers will also apply for a restraining order for child protection.
The Bottom Line
Instead of fearing for your child’s safety, you should file for a restraining order to guarantee a better life for your little ones. Just follow the legal procedure and get an excellent lawyer so you can win your case.
