Many spouses want to create a separation between themselves and abusive
spouse, and for good reason. The courts will often grant a spouse’s
petition for filing restraining orders once they demonstrate that they
or the children are victims of domestic abuse, violence, or neglect in the home.
The end of a marriage signals a time of transition, not just for the couples,
but for the
families. It is hard for children, especially, because they may be confused and
start believing that the family will break up as well. Parents are also
under an immense amount of stress and emotions can encompass a wide range.
This intensity is magnified in homes where one or the other is prone to
physical violence or, at least, the threat of it.
How Can I Obtain Restraining Orders?
First, you would need to demonstrate to the courts that your spouse is
threatening violence against you and the children. You would need to show
that there is fear of possible danger or actual danger taking place.
Here are some examples:
- Describe the specific threats that your spouse has made
- Provide details of past violent behaviors
- Show that the other person forced you to engage in sexual behavior
- You were placed directly in harm’s way by living with your spouse
If you are in harm’s way and fear potential harm from your spouse,
family member, or a domestic partner, you must bring this to the Court’s
attention and file your restraining order petition. Think about planning
a safe route for you and your child as well. We at
Saponaro Barach Bingham LLP can help you with all of the planning stages as well as the filing of
We go the extra mile to help our clients. Contact us to request a
free case consultation.