According to the National Coalition Against Domestic Violence (NCADV), approximately 20 people per minute are physically abused by an intimate partner on average in the United States. When abuse occurs, it is imperative that the victim finds safety for themselves and their family.
What Are My Options After Leaving an Abusive Relationship?
Once you have decided to leave an abusive situation, you may wonder about your options to permanently end the relationship and keep you and your children safe. At The Law Office of Timothy M. Ghobrial can help you with several options, including seeking an emergency order, protection orders, and divorce.
An emergency order is requested from the court when you wish to have a parenting arrangement made without the other spouse. These are used when there is an immediate threat. Emergency restraining orders typically last for five days, but a more extended temporary order can be put in place for about two weeks. However, depending on the situation, a longer restraining order may be necessary.
If you have an emergency restraining order, this tends to last for about five days only. However, you can get an extended temporary order of protection for about two weeks. Once you get a hearing at a court, there is a possibility of permanently extending this order, all dependent upon every case's individual circumstances and facts.
For permanent safety, a protection order may be issued. You can ask for a domestic violence restraining order if against someone that has abused you and:
You have a close relationship with them
You have children together
You live together
You are dating or used to date
You are closely related
This will explicitly state how the abusive spouse should interact with you, if at all. These orders typically last for five years but can be continued if necessary.
A restraining order does not equal a divorce. Therefore, to completely sever ties with an abusive spouse, divorce is highly recommended. Divorce occurs when a couple wishes to end a marriage and decide how to split assets and how time will be spent with children. Our attorneys are here if you need assistance with your Newport Beach divorce. We can help you draft the necessary forms as well as offer guidance about your role in this process.
Contact an Advocate Today
It can be difficult to determine how to get protection from an abusive partner and how to ensure they do not harm you or your family. At The Law Office of Timothy M. Ghobrial, our Newport Beach domestic violence attorney helps clients who need to quickly request orders to stay safe as their case goes through family court. If you are going through a divorce or need to change custody, we can give you the legal guidance you need for this terrifying process.
If you are in the process of leaving an abusive relationship, you need an attorney who can help. Call The Law Office of Timothy M. Ghobrial at (949) 751-1420 to discuss your legal options for safety today.