Domestic Violence & Protective Orders

What is Domestic Violence?

Domestic violence is a pattern of abuse that is used in a relationship to obtain or maintain control of one party by another.

Different types of abuse include:

• Physical abuse
• Sexual abuse
• Emotional abuse
• Economic abuse (also called financial abuse)
• Psychological abuse (also called mental abuse)
• Threats
• Stalking
• Cyberstalking

Domestic violence crimes classically occur among members of a family or shared household however can also occur within any type of steady relationship such as spouses (even when living in separate residences), dating partners, family members, children, cohabitants, and sexual or intimate partners. With abuse, emotions can typically run high and hiring an attorney can be a key step in securing an alternative disposition, such as a first-offender program or the dropping of charges. Domestic abuse charges carry severe fines and possible jail time to go along with a permanent mark on your record that will follow you through life. A legal representative can make all the difference in the outcome of your case. If you are facing a domestic violence charge, contact us right away.

In cases of verified domestic abuse, the spouse may obtain a preliminary order of protection and can also use this as grounds in a divorce case, be it contested divorce, uncontested divorce, or even a separation.

What is a protective order?

Also called a restraining order or order of protection by some, protective orders are mandates used by the police and courts to protect a person from abuse.

Protection orders can contain:

• No contact provision – no calling, texting, emailing, stalking, attacking, hitting, or disturbing
• Peaceful contact provision – peaceful communications for limited reasons such as transfer of a child for visitation
• Stay away provision – the accused/convicted must stay a minimum distance away from a location (home, job, school, car, etc)
• Move out provision – requires the accused/convicted to move out of the home they share with the accuser
• Firearms provision – prohibits the purchase of a firearm and requires the surrender of any firearms currently owned for the duration of the order
• Counseling provision – requires the accused/convicted to attend counseling as stated by the court

Any convictions of domestic abuse or violence as well as any protection orders issued can be detrimental to a divorce or separation as well, and are used frequently for just this reason. In situations of divorce or legal separation where one spouse has had a conviction for abuse, the court will tend to be more favorable to the other spouse, especially in terms of child custody and alimony. Make sure your interests are represented and an unjust accusation doesn’t hurt you or your future.

McClenney Law Group can assist with protective orders when your back is against the wall. Don’t wait until the last moment to talk to a defense attorney. The McClenney Law Firm is here to help you know and understand your rights and help you in your defense. Call us today for a consultation.