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    • HOME
    • ABOUT US
    • TEAM
    • SERVICES
      • OVERVIEW
      • DIVORCE AND SEPARATION
      • CHILD CUSTODY AND SUPPORT
      • SPOUSAL SUPPORT
      • ASSET DIVISION
      • PRENUPS AND CO-HABITATION
      • ADOPTION AND GUARDIANSHIP
      • DOMESTIC VIOLENCE
      • GRANDPARENT RIGHTS
      • MEDIATION & COLLABORATION
      • SAME-SEX FAMILY LAW
      • SURROGACY REPRODUCTIVELAW
      • LITIGATION
    • NEWS
    • CONTACT US
Giving Tree Family Law
  • HOME
  • ABOUT US
  • TEAM
  • SERVICES
    • OVERVIEW
    • DIVORCE AND SEPARATION
    • CHILD CUSTODY AND SUPPORT
    • SPOUSAL SUPPORT
    • ASSET DIVISION
    • PRENUPS AND CO-HABITATION
    • ADOPTION AND GUARDIANSHIP
    • DOMESTIC VIOLENCE
    • GRANDPARENT RIGHTS
    • MEDIATION & COLLABORATION
    • SAME-SEX FAMILY LAW
    • SURROGACY REPRODUCTIVELAW
    • LITIGATION
  • NEWS
  • CONTACT US

DOMESTIC VIOLENCE AND RESTRAINING ORDERS

Domestic violence is a distressing issue that affects individuals and families, causing physical, emotional, and psychological harm. Those who face domestic violence can seek protection through legal mechanisms such as restraining orders, among others. 


Domestic violence encompasses a range of abusive behaviors within familial or intimate relationships including physical assault, emotional manipulation, sexual coercion, financial control, and more. 


Restraining orders, often referred to as protection orders or peace bonds, are legal tools aimed at preventing further harm to victims of domestic violence. They impose specific conditions on the abusive party to ensure the safety of the victim such as staying away from the victim's home, workplace, and other designated places, as well as refraining from any form of contact.


The process of obtaining a restraining order generally involves these steps:

  1. Safety and Support: If you are in immediate danger, prioritize your safety by contacting the police. Reach out to local domestic violence shelters and support organizations for guidance.
  2. Legal Advice: Consult with a family law attorney or a domestic violence advocate who can provide insights into the legal options available to you.
  3. Application: You can apply for a restraining order at a local courthouse. You'll need to provide information about the abusive behavior and the need for protection.
  4. Hearing: A court hearing will be scheduled to review your application. The judge will evaluate the evidence and determine whether a restraining order is warranted.
  5. Conditions: If granted, the restraining order will outline specific conditions that the abusive party must follow. These conditions are designed to ensure the victim's safety and prevent any further harm.
  6. Enforcement: Violating the conditions of a restraining order is a serious offense. If the abusive party breaches the order, legal consequences may follow, including arrest and charges.


It's essential to understand that while restraining orders provide a layer of protection, they may not guarantee complete safety. Seeking support from domestic violence organizations, counseling services, and law enforcement is crucial for comprehensive assistance. If you or someone you know is facing domestic violence, reaching out for help is the first step towards a safer future.

CONSULTATION

We would be pleased to offer a complementary consultation to help you determine your options, risks involved and an optimal path forward. 

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