Divorce Restraining Orders
Marriage is a blissful and happy union of two souls. When two married individuals are unable to stay with each other happily, they think of divorce. A happy family can be broken due to many reasons, domestic violence being one of them. In our daily life, we come across the term 'domestic violence' a number of times. In the context of marriage, it suggests a number of abusive behaviors by one spouse or an adult against another spouse. This is a serious crime and often couples file for divorces on the grounds of domestic violence. In USA, divorce restraining orders are developed to curb this issue. It is very sad to note that such an order is issued every minute in the nation.
A Restraining Order is a civil order as well as a court order. This order limits the contact of the abuser to the victim by phone, mail and also direct physical contact. The intent of this order is to protect the victim from his/her abuser. It does not result in a criminal record for the abuser. The order serves the following purposes-
In order to help you gain a comprehensive knowledge of these orders, we will discuss some important aspect of the orders and domestic violence
Types of Restraining Orders
Depending on the nature of the domestic violence, the abuser can be ordered to leave the house where both the abuser and victim stay, even if the house is in the abuser's name. Again in many cases, the court may order the abuser to pay child support, support for the victim, attorney's fees and the costs that resulted from the domestic violence. Under specific conditions, the abuser may be allowed child visitation rights.
Purport of Domestic Violence
When an emancipated minor or an adult commits one or more of the following against a victim, it is categorized as domestic violence-
Impact of Divorce Restraining Orders
In the recent past, some alterations have been made in restraining order laws. These impact the ability of the alleged abuser to be granted child custody. The ability of this abuser to try to gain sole custody in future cases can be affected. If this situation arises, the divorce lawyer of the abuser must attempt to dismiss the restraining order and instead accept a 'domestic relations restraining order.' This order has considerably less impact on the abuser's future.
Apart from losing child custody, the alleged abuser may have to face the following-
Pertinent points regarding Divorce Restraining Order
Abuse of Divorce Restraining Orders
It is very disheartening to know that some people do not fear abusing the orders and as such the number of these orders have been increasing over the past few years. Today getting a divorce restraining order is much easier as compared to the situation fifteen years ago. Some flexibility was made in the laws so that the true victims of domestic violence need not worry much for gathering proofs. But the dirty brains of some advocates started misusing the flexibility. Now-a-days, a good number of spouses, in many cases women spouses, are abusing these laws to harass and disempower other spouses, extract money and limit their contact with children.
Studies reveal that many legal efforts are taken to restrict the abuse of these orders. Many protests are made by "Father's Rights" groups and "Men's Rights" groups as many fathers and men are falsely accused of domestic violence and they are finding it difficult to bear the expenses of these orders.
To sum up, it can be said that divorce restraining orders are laid down for protecting sufferers of domestic violence. These should not be abused as this step can ruin the life of an innocent who will face difficulties in many walks of life, for example buying houses or property, getting jobs and loans, remarrying, etc. If you are an actual victim, be strong and confident in filing for a divorce and getting the restraining orders. But if you are willingly doing this, think a hundred times before ruining the life of an innocent.
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