If you are experiencing Domestic Violence, you may need to seek an Order of Protection because unfortunately, Domestic Violence continues to be an issue in Divorce and Custody Cases.
What will you need to convince a judge that you or your children are entitled to an Order of Protection?
1. Has he or she physically assaulted you?
2. If you are already living in separate residences, does he or she follow you or continually drive by your residence or place of employment?
3. Has he or she attempted to prevent you from leaving your residence?
4. If you are still living together, does he or she wake you up or otherwise try to prevent you from sleeping?
5. Has he or she assaulted the children or assaulted you in front of the children?
6. Has he or she attempted suicide in your presence or in the presence of the children?
Keep in mind that this is not an exhaustive list but that merely screaming at you or insulting you is not enough for an Order of Protection.
What will an Order of Protection get you?
If you are still living together even if the divorce is not final, you can get him or her thrown out of the house, apartment or condo at least temporarily.
How long does an Order of Protection last?
An Emergency Order is only supposed to last two weeks. After that there is a hearing to determine if should last two years.
Keep in mind that an Emergency Order is entered without notice to your husband or wife.
You can get an Order of Protection on your own but if you are going through a divorce proceeding, you need to bring it before your divorce judge and it is best to use your attorney.