Needing Domestic Violence Protection During a Divorce
Posted February 13th, 2019 by Anthony Carbone, PC.
Categories: Domestic Violence.
There is no shortage of reasons for people in New Jersey to seek a divorce, but one of the most common reasons is domestic violence. When someone files for a divorce because their partner is abusing or has abused them, their safety becomes the main concern. If this sounds like you, there are options available to you that will ensure your safety.
Getting a Restraining Order Against Your Spouse
If you are going through a divorce and your spouse is abusing you, there are options available to you like a restraining order. More specifically, a temporary restraining order (TRO). A TRO is meant to protect a spouse who has been abused by taking the abuser out of the equation. This means keeping the abuser away from your home, job, school (if you both have children), or any other location your spouse might be on a temporary basis.
A TRO is also designed to keep your abusive spouse from contacting you, whether it’s through phone, text, email, or social media. Your spouse will be forced to keep a certain distance away from you, including staying away from your family members like your parents and siblings.
If you both have children, the schedule for visitation must be detailed and planned for specific locations for the children to be picked up and dropped off. Your spouse will also be required to provide financial support until the matter is settled whether it is by divorce or removal of the restraining order.
How to Obtain a Temporary Restraining Order?
To obtain a TRO against your abusive spouse, you must go to the police or courthouse to explain your situation. Once you have completed the paperwork, a judge will discuss the matter with you including your history of abuse. When the restraining order is issued, your spouse will be removed from your home immediately and ordered to stay away.
After ten days from the start of your TRO, there will be a hearing to discuss whether a final restraining order is needed. You and your spouse are both required to attend the hearing and give your accounts of what occurred.
Impact of Domestic Violence on your New Jersey Divorce Case
After you file for a TRO against your spouse, he or she is no longer allowed to contact you. While that is almost always a good thing from a domestic violence perspective, that’s not necessarily the case for a divorce.
A restraining order means no divorce settlement discussions, no communication regarding your children, and no other divorce-related conversations. The only time your spouse may be allowed into your home is to collect his or her important possessions as mandated by the court.
There are also occurrences when a divorce grows so contentious that one party makes allegations against another party that are not true. This could hurt the abuser in the short term. But if it’s proven that the allegations were false, the person who filed the charges may suffer the most in the long run.
Contact the Law Offices of Anthony Carbone
Are you contemplating a divorce from an abusive partner? At the Law Offices of Anthony Carbone, we have been helping victims of domestic abuse in the Garden State for thirty years. If you want to file a restraining order against your spouse because he or she abused you, contact our Jersey City law firm immediately.
CALL NOW: 201-829-3829