Dealing With Domestic Disturbances in a Divorce Case
by Family Law Attorney James Andrle
Are you a victim of Domestic Disturbance or Violence?
Hi Jim here. At Franks & Rechenberg, while we believe that maintaining the status quo in your divorce case can be convenient and expeditious way to handle your case, sometimes domestic disturbances in the household can create significant problems, and here at Franks & Rechenberg your safety is of the upmost importance to us. I’d like to discuss four different aspects of safety issues that can come up regarding your divorce case.
The first is a domestic battery situation. If, in fact, your spouse or significant other engages in a domestic disturbance with you that creates a domestic battery, that person will be removed from the household for a 72 hour period of time. That stay away period of time will enable you to gather your thoughts and decide how you want to proceed in your divorce case. The next phase, which often ultimately happens after a domestic battery case ensues, is the issuance of an order of protection. There are governmental entities at the McHenry County Government Center that can assist you or I myself can assist you in filling out the paperwork necessary to retrieve an order of protection. If you are able to get an order of protection against your spouse or significant other, that order of protection will keep your spouse or significant other out of the marital residence until such time as there can be a final hearing on the Order of Protection. If you violate an order of protection, it’s a criminal misdemeanor charge.
There are other avenues to remove someone from the marital residence that don’t necessarily automatically create a criminal opportunity. One is a temporary restraining order. You can file a petition with the Court stating that there are reasons that the person should be removed from the marital residence. A difference between a temporary restraining order and an order of protection is that while an order of protection violation is an automatic criminal charge against the person that violated the order of protection. Violation of a temporary restringing order is not necessarily an automatic violation. You must bring these matters before the Court and have a hearing before the person can be removed from the marital residence.
Lastly, you could file for a Petition for Exclusive possession of the marital residence. That shows a balancing act to the Court. It shows there are factors that each person can live in the marital residence, but there are a number of factors that outweigh the benefit of each party living in the residence. For instance, one party may have the ability to pay to live outside the marital residence. One party may be walking through the marital residence of costing the other party as they can easily possible do to get away with acting but not quite actions that could give rise to a domestic battery or order of protection. Again, domestic battery and order of protection are matters that involve calling the police department immediately, not your lawyer. A temporary restraining order or exclusive possession petition are petitions that are filed with the court and require some time before they can be adjudicated.
Here at Franks & Rechenberg remember you safety is our upmost concern and we hope that you will take these into consideration when proceeding with your divorce. If you have any additional questions about the safety aspects that I’ve just spoken about or any other issues regarding divorce, you may order my special report, it can be available at fnrlaw.com. Please engage yourself in finding out the materials that you will need to determine the most cost effective and most efficient ways for you to go through divorce proceedings. My special report can help you with that.