How Does A Restraining Order Affect A Divorce?
Divorce is stressful even under the best of circumstances. But if there is domestic violence in the family, the spouse affected cannot wait until the divorce is final. You can apply for a protection order, i.e. a temporary injunction, against the other spouse. If this happens, what does it mean for the divorce itself?
What does a protective order actually mean?
Not all restraining orders are created equal. Depending on the facts and circumstances of a case, a New York family court judge may issue a protection order that may include some or all of the following:
- Demand that the complaining spouse “keep away” from the complaining spouse and their children
- Instruct the accused to refrain from certain actions, such as B. Verbal threats or insults to the applicant and his children
- Require the accused to allow the petitioner to visit his children
- Expel the accused from the marital home, regardless of who owns the property
- e Order the defendant to pay temporary alimony
Please note that family court proceedings are of a civil nature. The applicant spouse does not have to prove that the accused committed a crime. However, it is a criminal offense to breach a protection order. And in some cases, domestic violence complaints can be consolidated with divorce and family law cases in the New York State Integrated Domestic Violence Courts.
Complaints of domestic violence can affect child support and custody
The New York Domestic Relations Act requires a judge to review allegations of domestic violence in every child custody trial. Allegations of domestic violence may also be considered as one of many factors in the award of alimony in a final divorce decree. Again, this is not a criminal case, so the spouse responsible only needs to show that there is a greater likelihood that domestic violence has occurred.
Even if the court concludes that domestic violence has occurred in relation to custody of the children, the investigation does not automatically end. The judge must consider all relevant factors and determine what would be the “best interest of the child”. In many cases, this means that the accused parent continues to be granted limited and supervised visitation rights with the child.
Manage the long-term legal consequences of a restraining order
The resolution of a divorce case does not necessarily mean the end of a protection order. These ordinances may remain in effect for several months or years, depending on their term. A separate report of domestic violence can also be filed against the accused spouse.
Given the serious consequences of an allegation of domestic violence in a divorce for both the accuser and the defendant, it is imperative that each spouse work with an experienced Saratoga County family attorney. If you need advice or assistance, call The Colwell Law Group, LLC today to schedule a risk-free consultation with one of our Schenectady County family law attorneys.
