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Orders of Protection and Divorce

By May 17, 2023April 24th, 2024No Comments

Orders of Protection and Divorce

People break up and divorce all the time. A lot of these relationships often end amicably. However, not all relationships end peacefully. Some involve a lot of heated emotions and bitterness, which can take a toll on the family. Some people may have experienced domestic violence in their marriage, so this explains orders of protection and divorce.

In some relationships, unfortunately, the end of the marriage can be scary and dangerous. It is during these times that emotions run high. It is not unusual for one or both spouses to make threats or try to intimidate the other spouse into submission either to make them stay or agree to their divorce terms.

Often, it is not the first time that violence or threats have happened in the relationship in these cases. Statistics have shown that the violent nature of the relationship is the cause of divorce. In situations like these, the abuse victims often would seek out an order of protection to keep the abuser at bay.

Individuals Affected in Divorce

In a divorce, it is not just the spouses who are impacted. It is not only the immediate victim who is affected. It can be the parent, the child(ren), relatives, or a household member. A new romantic partner can also be in danger. Because of this, those affected may file a protective order as they feel threatened or in danger.

Divorce proceedings are adversarial in nature. It is not uncommon for one of the spouses to request emergency relief through an Order of Protection. Whether the divorce case is ongoing or has not yet commenced, one can seek protection from the courts. An Order of Protection is a proceeding that can stand on its own even if there is no underlying divorce case.

If a spouse files an Emergency Petition for an Order Protection, it has not been entered, and an ensuing case for dissolution of marriage is filed. Usually, the judge handling the divorce case would also hear the petition for an emergency order of protection. By doing this, only one presiding judge would be deciding over the two different proceedings involving the same individuals.

If the marriage proceeding is already pending and one of the spouses feels the need to file a petition for order protection, it would no longer be a separate proceeding but part of the principal case of dissolution of marriage. Hopefully this helped with understanding orders of protection and divorce.

Do You Need An Attorney to File Your Orders of Protection And Divorce?

Filing for divorce can involve complex issues. So, it’s highly recommended that you retain a family law attorney to protect your interests. If you want an experienced family law attorney on your side, then give us a call at 979-846-4090. You can also check us out on Facebook, Instagram, LinkedIn, YouTube, and TikTok. Contact us today to find out how we can help you.

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