Marriage can be one of the most difficult relationships for people today. This could be why nearly half of all marriages end in divorce in the United States. What should you do as a victim of domestic violence while married? How do you get a restraining order while married?
What is Domestic Violence?
Domestic violence comes in all forms, and it can be committed against both men and women. There are five common forms of domestic violence, and they include physical, sexual, economic, emotional, and psychological.
Even though domestic violence can occur to both sexes, it is more likely that women will be the victim of the crime than men. Most victims are in their 20s or 30s, and almost half of the crimes occur in households with children.
According to the American Association for Marriage and Family Therapy, close to 20% of all marriages experience one or both spouses slapping, hitting, shoving, or assaulting the other person. The abuse that is more common than physical violence is emotional violence, including humiliation, verbal threats, control issues, and much more.
Domestic violence also includes any of the following:
- Criminal sexual contact
- Criminal mischief
- Terroristic threats
- False imprisonment
- Sexual assault
What is a Restraining Order?
A restraining order is issued by a court in an effort to protect one person from another. It prevents one person from being within a specific amount of feet of the victim.
Restraining orders can be issued to protect people who are 18 years and older when the crime committed is that of domestic abuse. Victims of domestic violence, at any age, can apply for restraining orders.
When it comes to domestic violence and marriage, the victim of such a crime can apply for an order of protection from a judge. The restraining order will outline in specific terms what the abuser is and is not allowed to do.
This includes forcing the abuser out of the home that is shared with the victim, even if the abuser’s name is on the property title. If there are minor children involved, the victim can be issued custody of them by the judge who also issues the order of protection.
Results of Restraining Orders
When restraining orders are issued by judges, they include more than just an order of protection for the victim. They can also force the abuser to pay for bills that were caused directly by the abuse itself. These bills include medical treatment, loss of wages, moving expenses, and even attorney’s fees.
The first order issued will be a temporary order and it will not be extended until the abuser and victim make a court appearance in front of a judge. For the most part, the couple will need to appear in court 10 days after the temporary order is issued.
If you are the victim of domestic violence while married, the situation can get very tricky. Be sure to consult an experienced family law attorney before making any legal decisions regarding restraining orders or filing for divorce. The Sarieh Law Offices can help answer your questions as well as stand with you through these difficult situations. Contact us today by calling 714-542-6200 or you can complete our online contact form and we will be in touch with you within 24 hours.