Seeking an Order of Protection During a DivorcePutnam Law Office
Domestic violence is one of the many common reasons married couples seek divorce. For the person afflicted, continued verbal or physical domestic violence can be psychologically draining, especially during preparation for a divorce trial. This is when seeking an order of protection until the divorce is finalized can help. Talk to an Oklahoma Divorce Lawyer to see what your options are in this type of situation. A lawyer may also be able to protect your children from any kind of potential danger from domestic violence.
How Do I Qualify for an Order of Protection?
To qualify for an order of protection, you need to prove that your spouse committed domestic violence against you or your children. Domestic violence does not have to be physical abuse to count. Threats against you, harassment, and excessive emotional abuse also count as domestic violence under Oklahoma law.
In cases where domestic violence has become a long-standing pattern with no signs of stopping, many spouses consider seeking a divorce. The process for obtaining a divorce with a spouse who either does not want a divorce or disagrees with certain factors of the divorce, like child custody, can make the overall process difficult. Coupling this with fear of future domestic violence can make the whole process of seeking divorce unreasonably stressful.
Save yourself the stress by seeking an order of protection by filing a petition with the court. This can protect you and your children until the divorce is over by mandating your spouse to stay away from you until further notice. Not doing this may or may not place you at risk.
Some spouses have been known to steal their own child from the custodial spouse due to frustration with divorce disagreements. Other spouses may inflict additional physical abuse when they realize they are not getting their way in the divorce.
The Order of Protection Process
An order of protection is a civil order issued by the court that mandates the accused person to not harm you ever again. The legal consequences of harming you after this can lead to serious penalties for the accused. This order can also mandate your spouse to not step foot in your house, give you temporary custody of the children, allow you to use a vehicle, and can force your spouse to live somewhere else for the time being.
Understanding the limits of this type of order can help you prepare for what to expect. An order of protection cannot be used to gain permanent child custody, child support, alimony, or property. These decisions are left to the family court during the divorce trial itself.
Divorce Lawyer in Oklahoma
Applying for an order of protection while navigating the legal aspects of a divorce can be challenging to balance by yourself. This is especially daunting if your spouse decides to hire a lawyer against you. Try talking to an Oklahoma Family Lawyer to seek guidance during this process. Call the Putnam Law Office at (405)-849-4898 for a consultation today. Mr. Putnam is an Oklahoma City-based attorney who is dedicated to his clients.