Getting Protection Against an Abusive Spouse During the Divorce Proceedings

Getting Protection Against an Abusive Spouse During the Divorce Proceedings

Family courts in Salt Lake City take allegations of spousal abuse seriously. Thus, such allegations can affect parental rights, visitation, and other relevant matters when the abused spouse files for divorce. But, the spouse that files may be worried about how to get protection against the abusive. This is where a salt lake city spousal abuse lawyer can help. An experienced attorney understands how sensitive these situations can be. If you are a victim of domestic abuse, a lawyer can be your dedicated legal advocate who protects your rights.

Getting a Restraining Order

A restraining order can offer short- or long-term protection if you are dealing with an abusive spouse during divorce proceedings. When you file a petition for this order, it should describe the allegations of abuse and include information that supports your allegations. The affidavit should include the specifics and details of any physical abuse, sexual abuse, or the threat of physical abuse. You can include in the restraining order a request for sole physical and legal custody of your children and for your abusive spouse not contact you.

If the court finds you are in serious risk of harm, it will grant you a temporary or permanent restraining order. Typically, the order will require the defendant to stay a certain number of feet or yards away from their spouse or stop all communication. It can order them to stay away from a workplace or away from the children’s school or daycares. The defendant could face criminal punishments, including jail time if they violate the order.

A skilled lawyer can file a petition with the courts if you receive threats from your spouse. Or if you have been wrongfully accused of abuse by your spouse who wants to get an upper hand in your upcoming divorce, an attorney can also help you build a defensive argument.

How Abuse Allegations Affect Parental Privileges

When you file for divorce due to the abusive behavior of your spouse, the court can consider this when making decisions regarding parental privileges. A judge will determine whether this abuse has occurred before deciding on matters such as child custody and visitation. When the court finds your claim to be valid, this can impact the ability of your spouse to have custody or parenting time with your children, especially if it finds that the abuse could have negative impacts on the children. For instance, if it has been proven that your spouse abused your children on multiple occasions, the court may remove their parental privileges and terminate any visitation or just allow supervised visitation.

Posted in Law