When a divorce involves charges of domestic violence, there are extra considerations. The batterer may or may not be facing assault charges. At times, the abused spouse may simply want out of the relationship, but the abuse had not resulted in legal charges. In either case, experience has shown that it’s impossible to predict just how a truly abusive spouse will react to an unexpected divorce petition.
Civil Protection Order
In Atlantic City NJ, a restraining order is called a Civil Protection Order (CPO) and is issued by a judge after a court hearing or on an emergency basis if the abused spouse is believed to be in imminent danger. For the purpose of the CPO, it is only necessary to prove domestic violence by a preponderance of the evidence, rather than beyond a reasonable doubt. Additional provisions to the order might include an eviction order for the accused from the home or an award of temporary child custody or support. The judge could even order counseling for both parties.
Temporary Protection Order
A Temporary Protection Order (TPO) offers more limited relief in domestic violence cases than a CPO. It also does not remain in effect for as long. A TPO is ordered when there is a case for criminal domestic violence. It orders the offender to remain away from the victim at home, work or anywhere else. This type of order does not contain any provisions for child custody, support, visitation or property awards. It is simply a “keep away” order. A person can be jailed for violating either a CPO or TPO.
False Accusations of Domestic Violence
A Domestic Violence Lawyer sees both sides of the story. While many accusations of domestic violence are perfectly legitimate, there are also false accusations. Emotions run high during a divorce, and it is far from unknown for one spouse to make untrue accusations against the other. These charges can be very difficult to disprove, while they can have a devastating effect on that person’s life, extending far beyond the ramifications of the divorce. Protection orders are intended for protection, not to gain an advantage in a divorce.
The Law Office of Mark D. Kargman is an experienced Domestic Violence Lawyer who is committed to offering both excellent and affordable legal representation and advice. Like us on Facebook.
