Qualified Attorney Helping Butler and Warren County Families With Domestic Violence Cases
If your spouse knowingly harms or attempts to harm you or your children, you’re a victim of domestic violence (DV) and you have options to take action. If you need legal help, you can count on supportive and capable professionals at Garretson & Holcomb, LLC.
You Have Options
One option you have as a DV victim is to call the police. Once the police determine you are the victim, your spouse will be arrested, and a judge will most likely place a temporary order on your spouse to stay away from you. That order will likely be extended if your spouse is convicted of DV.
Another option you have is to request a civil protection order (CPO) against your spouse through your county court. After the court evaluates your allegations, it will place a temporary protection order on your spouse on behalf of you and your children. Your spouse will face a criminal charge if they violate that order.
Both you and your spouse will be able to present evidence on your petition to a domestic relations court. If the court is satisfied that you and your family need a CPO, the judge will issue the order to last up to five years.
Domestic Violence Orders and Your Rights to Residence and Custody
Civil protection orders may be grounds for you as a protected spouse to have exclusive claim on the marital residence until it’s either sold or awarded during a divorce. As you determine whether you have grounds for exclusive possession of the marital residence and whether you want that possession, it’s imperative that you enlist qualified legal help.
During custody and visitation deliberations—including whether or not visitation is supervised—a judge will consider your spouse’s domestic violence history and all orders of protection that have been granted.