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Last Updated on: 28th July 2023, 07:16 pm
If you have found yourself involved in a divorce case, you likely have a myriad of questions. Included on your list of queries may be whether a protective order will assist in proving your grounds for divorce.
The answer to that question depends on a number of factors, including where you live. The fact that you have various questions regarding your divorce case underscores the fact that you best protect your legal interests by seeking out and engaging the professionals services of a skilled lawyer.
Overview of a Protective Order
A protective order is a judicial decree that is designed to control the conduct of an individual. How and when a protective order is issued depends on the specific laws of the state in which the individual seeking this type of assistance resides.
A person can seek a protective order when he or she has been abused in some manner. The law of a given state establishes what constitutes abuse sufficient to warrant a protective order. A person in need of this type of order prepares and files an application with the court.
In the application, the person seeking a protective order delineates the conduct engaged in by his or her spouse. The application for a protective order is filed with the court. A judge then issues a temporary protective order and schedules the case for a hearing. The hearing will occur very soon after the temporary order is issued.
At the hearing, both spouses are able to present evidence regarding the propriety of a protective order. If a protective order is sought as part of divorce proceedings, the judge presiding in the marriage dissolution case will set a special hearing to consider evidence regarding the protective order issue.
If the judge agrees with the person seeking a protective order, a final protective order is issued by the court. The laws in each individual state differ as to how long a final protective order will remain in effect.
Fault Versus No Fault Divorces
There are two broad categories of divorce cases in the United States. Depending on where you reside dictates what type of divorce proceeding you can pursue.
If you are seeking a divorce based on fault, the fact that you successfully obtained a protective order may be helpful in proving your grounds for divorce. If abuse is an allegation underpinning the divorce petition, the fact that a protective order was issued can play a role in proving that the grounds for a divorce do exist.
If a no fault divorce is sought, the party seeking to end the marriage needs to demonstrate what are known as reconcilable differences. The party must demonstrate that the relationship between the spouses has deteriorate to the point that the goals of marriage can no longer be satisfied.
A person seeking a no fault divorce need not demonstrate that the other party has done something wrong or inappropriate to prove the grounds necessary for divorce. Therefore, the existence of a protective order is not likely to lend much in the way of support for a divorce. With that noted, a protective order might be deemed to be some evidence that a couple does have irreconcilable differences.
Protective Order and Child Custody and Visitation Issues
Where a protective order might be used to prove the grounds for certain judicial action in a divorce case would be in regard to issues pertaining to children. The existence of a protective order could have a direct bearing on child custody, particularly if the children born during the marriage are included within the protective order.
Depending on the reasons for the protective order, its existence could impact the custodial arrangement in a divorce case. For example, the parent who obtained a protective order might we awarded sole custody in a divorce case. This grant of sole custody could extend to both physical and legal custody of a minor child.
Physical custody involves which parent will provide a residence for a child. Legal custody is the ability to make major life decisions on behalf of a child. These include issues like education, religion, and medical case.
In addition, the existence of a protective order could have a bearing on parenting time or visitation in a divorce case. Depending on what underpins a protective order, the non-custodial parent could face restrictions on his or her visitation. These restrictions could include a requirement for parenting time or visitation to be supervised.
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