Domestic Violence in Indianapolis Divorce
How Will A Domestic Violence Accusation Affect My Divorce?
When either spouse in a divorce makes an accusation of domestic violence, this claim can have an enormous impact on the final outcome of the case. Given that the decision of many matters is based largely on determinations of what is fair and just and what is in the best interests of those involved. These matters include:
Domestic violence allegations can greatly influence the terms of the divorce decree. One of the most significant aspects of the way in which domestic violence accusations may affect your divorce is the possibility that the court will issue a protective order.
What Will A Protective Order Do?
When a spouse has been subjected to some type of domestic violence and is in fear of immediate danger, he or she may go to court to request an ex parte order of protection without having the other party present at the hearing. Within 30 days, however, the alleged abuser has the right to a hearing at which both parties will have the opportunity to introduce evidence and witness testimony in support of the order or to dispute its necessity. If the order is upheld at this hearing, it may be converted into a final order that may last for two years or longer. A domestic violence order for protection serves many purposes, including:
- Prohibiting the abuser from continuing to engage in acts of domestic violence
- Prohibiting the abuser from contacting the victim through any means
- Forcing the abuser out of the shared home, regardless of whose name is on the lease or title
- Ordering the abuser to pay court costs and attorneys' fees
- Ordering the abuser to pay rent or mortgage for the victim
Requiring the abuser to pay child support and
Establishing orders for child custody and
visitation with the provision that visitation may be supervised
- Prohibiting the abuser from possessing firearms
How an Indianapolis Family Law Attorney Can Help
An attorney from Bowen & Associates, LLC can assist you with going to court to obtain a restraining order, making it possible for you to enjoy the peace and security that you deserve. Alternatively, if you have been served with an order for protection, we can represent you in court and seek to have it dropped so that you can get your life back as close to normal as possible.
We also can advocate tirelessly on your behalf throughout the divorce process, seeking to safeguard your personal interests and to ensure that you reach the end of the divorce in the best position to put this experience behind you and move on with your life. Contact us now for a
free case evaluation to get the process started.