People who have experienced domestic violence are often anxious about leaving their abusers. Spouses of those who become volatile and aggressive may worry that attempting to leave could result in an escalation of abuse. That fear has a foundation in statistical reality.
For many people who experience domestic violence, the most dangerous time is when they try to leave the situation. Provided that there is evidence of what has occurred between the spouses, the spouse who has endured abuse may be able to ask the courts to grant them a domestic violence restraining order. Doing so before filing for divorce can extend important protections to the individual trying to leave the relationship.
Limiting interactions
Domestic violence restraining orders typically prevent an abusive spouse from stalking the other spouse, showing up at their place of work, sending them threatening messages or otherwise trying to directly interact with them. The order can impose child and spousal support obligations and prevent someone from possessing dangerous weapons. It can also force the abuser to leave a shared residence. If the spouse subject to the restraining order persists in their attempts at abusive communication, it may be possible to reach out to law enforcement for support. Violations of a restraining order can lead to the prosecution and incarceration of the offending spouse.
Protecting children
Those who have experienced domestic violence often worry about sharing custody with a known abuser. In scenarios where the courts have granted a domestic violence restraining order, that order can help protect everyone in the family. Judges implementing a temporary custody order may factor in abuse that has targeted the children or occurred while they are present. In some cases, one parent can obtain sole custody because the other is too volatile or unstable to meet the needs of the children.
Limiting the information shared
In scenarios where there is a restraining order and a documented history of domestic violence, it is sometimes possible for a spouse to proceed with the divorce without disclosing their current address or other details that could put them at risk. The courts may agree to keep certain matters private for the protection of the spouse who has previously experienced domestic violence.
Those who fear for their safety because of a spouse’s aggressive behavior can sometimes rely on the courts to protect them. Pursuing a domestic violence restraining order can be a beneficial step for those preparing for divorce and those who have experienced domestic violence after filing for divorce.
