A divorce is a matter that needs to be handled delicately for everyone involved, especially if you have children. In many cases, especially when you are a victim of domestic violence in your marriage, you can apply for what is known of as an order of protection, or restraining order, in some states. If you are going through a divorce in Rock Hill, SC, then you need to know that there is a place you can turn if you are afraid of your spouse and need an order of protection filed.
The debate over whether an order of protection can truly keep you safe or not has waged for many, many years. Many women have truly been protected, and others have not been so lucky. If you are in the middle of a divorce and fear for your safety from your spouse, there are a few things that you need to know about applying for an order of protection. Read on below for a few of them.
What Exactly is a Restraining Order?
An order of protection is actually an order by the court that is supposed to stop you from being harmed by another person, in the case of a divorce your spouse. This is a civil order, so your abuser will not end up with a criminal record from it, but will not be allowed to be within so many feet of you, your home, or your place of work.
Who can File for an Order of Protection?
If you are 18 years of age or emancipated, you can file an order of protection against your husband or anyone who lives in your home or used to live in your home and has or is abusing you. It is best to contact the attorney that is handling your divorce in Rock Hill, SC to ensure that the order of protection is handled and served correctly.
What does a Restraining Order Accomplish?
Once a judge signs an order of protection, the abuser is supposed to stay away from you at all times. The abuser can be ordered to stay away from you everywhere and to have no contact with you over the phone. This also means that if you want the restraining order to stay in effect, you need to stay away from your abuser as well.
There are many other things that the abuser can be ordered to do under an order of protection. Everything from staying away from your shared children to having to attend domestic violence counseling sessions can be ordered by the judge. The order of protection is at first a T.R.O or temporary order of protection. This T.R.O lasts for ten days until a court hearing can be set.
These are just a few of the things that you should know about getting an order of protection during divorce proceedings. If you are looking for a reputable divorce lawyer in Rock Hill, SC, check out the professionals at Harden Law Firm today.
