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If you are currently being physically abused
or have been the victim of domestic violence you should call
the police right away.
The primary objective is to stop the violence
and protect yourself. The police may be able to obtain an
emergency protective order for you. These orders will prohibit
the person you are being abused by from contacting, harassing
or harming you. These orders usually last for only 72 hours.
Before an emergency protective order expires you should apply
for a permanent restraining order. You will also want to ask
the court for a temporary restraining order until a hearing
is conducted on the permanent restraining order.
It is important for you to document incidents
of violence with police reports, witnesses, photos of injuries
or damages and medical reports. Keeping documentation will
assist you in obtaining a restraining order.
There are many reasons a court may issue injunctive
orders. Violence and substance abuse are among the most common
reasons for their necessity.
As noted before, such personal behavior is not
considered by the court when it divides community assets.
However, when credible issues of violence or substance abuse
are raised in a dissolution, they can have a major impact
on the outcome of child custody and visitation orders.
Allegations of drug or alcohol abuse are very
common in child custody cases. If such allegations are made
it is important to show the court how such abuses have affected
the individual's ability to care for the children.
Evidence of drug or alcohol abuse, such as drunk
driving or drug arrests, will help lend credibility to any
allegations made. Please try to gather any such evidence and
present it to the attorney handling your case. When drug or
alcohol abuse is shown to the court an appropriate order may
be issued to help mitigate the problem.
It is common for a court to issue injunctive
orders directing the parent with a drug or alcohol problem
to refrain from using such substances prior to or during visitation.
Similarly, a past record of drunk driving may result in an
order from the court prohibiting parent from ever driving
with the child in the car.
Custody disputes will rarely be decided primarily
on the issue of drug or alcohol abuse. However, if there is
substantial evidence of a serious problem directly affecting
the welfare of the children, the court may consider such evidence
as the determining factor in a custody dispute.
Allegations of physical or sexual abuse of the
children are also common in family law proceedings. The problem
with such allegations is they are easily made but very difficult
to prove or disprove.
It is very important for you to communicate
openly and honestly with your attorney regarding any such
claims. If such issues are raised in your case there are legal
mechanisms in place to help resolve them.
Any appropriate order may be issued from the
court, from supervised visitation with the child to imprisonment
of the perpetrator. Your attorney will need to gather as much
information as possible in order to deal with the situation
appropriately.
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