Effect of Domestic Violence in a Monmouth County Divorce Case
Obtaining a final — or even a temporary — restraining order can adversely affect your divorce case, primarily because these orders prohibit the two people involved from communicating at all with each other. Therefore, these orders make it impossible for the two people involved to participate in mediation or to have any meaningful discussions, to fulfill their parenting obligations.
And, for those people who work for the state or in law enforcement, having a restraining order against him or her can adversely affect his or her job.
Are you going through a divorce and the other divorcing spouse has a restraining order against you? Talk to us, the Monmouth County divorce attorneys at the Law Offices of Steven P. Monaghan, LLC. Call (732) 624-6343 for your free initial consultation.
An Alternative to a Restraining Order
There are remedies in lieu of a restraining order that people can choose when going through divorce. The divorcing spouses may choose to enter into civil restraints. The advantages of having a civil restraining order include freedom from harassment or having contact with each other. If one of the divorcing spouses violates the civil restraint order, it is a civil — not a criminal — offense. The divorcing spouse would then have to seek relief in the civil court against any acts of harassment or violence.
When a Restraining Order Becomes Necessary
If you are going through a divorce and you are a victim of domestic violence, a restraining order may be necessary.
When one of the divorcing spouses applies for a temporary restraining order or if a final restraining order is entered, the court may make determinations on items which may affect the outcome of the parties' divorce.
These determinations include, but are not limited to:
- Restraining the aggressor from causing violence in the future
- Giving the victim exclusive use of the home, no matter who owns it
- Providing for custody of minor children and parenting time
- Requiring the aggressor to undergo a risk evaluation prior to allowing the perpetrator unsupervised contact with the children
- Paying the victim for losses that were a result of the violence
- Ordering the aggressor to receive professional domestic violence counseling
- Restraining the aggressor from entering the home, school, or workplace of the victim or any other people living in the home
- Restraining the aggressor from making contact with the victim or others
- Making the abuser pay rent or mortgage payments on the victim's home should they have an established duty to support the household
- Granting temporary ownership of specific property, like a car, checkbook, important documents, ID, keys, or other vital personal property
- Requiring police to escort either party home or to any shared business premises to oversee removing personal belongings in order to ensure the personal safety of the victim when a restraining order has been issued
Please note that if you are genuinely concerned regarding you safety, then you should not consider entering into civil restraints.
Considering Applying for a Restraining Order? Talk to Us First.
To make sure that the restraining order does not adversely affect your divorce, talk to the experienced Monmouth County divorce lawyers at the Law Offices of Steven P. Monaghan, LLC. With over 30 years of experience, we are ready to guide you.
Call (732) 624-6343 or complete the online form. Your first consultation with us is always free.