Protective Orders During Divorce Are Sometimes Necessary
Is your spouse hitting you? Hiding money from you? Forcing your children into fear of their well-being? There are many forms of family and domestic abuse that can prevent an abused spouse from leaving the marriage. Abuse frequently escalates when the subject of ending the marriage arises. Seeking an advocate for protection can be the last thing on the mind of someone in fear of further abuse.
However, it is imperative to seek an experienced family law attorney if you answered “yes” to any of the above questions. Please call 911 immediately if you are in fear of your life or being physically harmed. If the responding officer determines you are a domestic violence victim, your spouse or intimate partner will likely be arrested. A court may order your spouse to stay away from you until the case is decided. If convicted of domestic violence, your spouse may be facing a permanent criminal stay away protective order or civil protection order (CPO). You can also seek a protective order on behalf of your child if you fear the child is in danger as well.
Family law disputes often include allegations of child abuse, domestic abuse and stalking. Protective orders can be sought with the help of a lawyer to protect family members from further abuse. Protective orders are serious matters that cross over into criminal prosecution if the perpetrating spouse does not comply with the restraining order.
I am Bobbie O’Keefe, and I have been helping families in Ohio successfully seek the safety net of protective orders during their divorce for over 25 years. I am a compassionate, knowledgeable advocate you can trust when the going gets too tough for you. Call O’Keefe Law LLC at 614-633-4777 for a consultation today.
Is Domestic Violence The Only Reason The Court Issues A Protective Order?
Stalking, abusing, threatening or otherwise interfering with normal relations of the other party can be the solid basis for a court to issue a protective order. In contested divorces where resentment can be vented in many ways other than physical or emotional violence, protective orders may be necessary to safeguard spouses from each other’s revengeful actions.
A court will grant a temporary restraining order (TRO) at the outset of a divorce case to prevent a spouse from:
- Permanently relocating their minor children outside of the jurisdiction of the court, which is usually the county of the child’s residence
- Spending money from their savings account
- Removing furniture, art collections and other household items from their marital home
- Disposing of their personal property
- Selling their real property
- Authorizing a lien or loan against their real or personal property
- Obtaining credit in the name of the other party or jointly in both their names
- Failing to renew, failing to pay or changing information on their present life, automobile, health, home, or other insurance premiums
- Removing the other party as a beneficiary on life insurance or retirement benefits without a court order
- Claiming the children as dependents on a separate income tax return without a court order
TROs can freeze bank accounts, brokerage accounts or any type of asset because it is marital property and subject to a court’s jurisdiction. Typically checking accounts are not included in the TRO in order to allow the parties to continue to maintain financial status quo, to pay bills and to operate their households as needed.
Contact O'Keefe Family Law LLC To Understand Your Protective Order Options
There are several legal protections and remedies for victims of domestic violence. Ohio protects household members, spouses and intimate partners with civil and criminal laws. From sexual assault, pointing a weapon, spending down savings accounts, racking up unnecessary credit, a person does not have to tolerate abuse.
Call my office in Columbus at 614-633-4777 to explore your legal options to protect your family and your assets in a consultation. You may also email O'Keefe Family Law LLC.