Domestic violence affects many individuals and families. In cases of divorce involving domestic violence, it is crucial to understand the legal processes and take appropriate steps to ensure the safety and well-being of all parties involved, particularly children. A trusted attorney can help you navigate this difficult process.
Domestic violence hearings
Typically, divorces involving domestic violence havea special hearing. This hearing is conducted to determine the necessity of a temporary restraining order or child custody order. It is essential to seek the guidance of an experienced attorney if you are involved in a domestic violence case to navigate these proceedings effectively.
During a domestic violence hearing, various issues may be addressed depending on the circumstances of the case. Here are two common aspects:
- Protective orders: If the victim files a request for a domestic violence restraining order, the court will schedule a hearing to evaluate the evidence presented and determine if a protective order should be granted. Protective orders typically prohibit the abuser, from making any contact with the victim, whether in-person, through calls, texts, emails, social media or messaging. The order may also establish a specific distance that the abuser must maintain from the victim’s home, workplace, school or other frequented locations.
- Child custody orders: In cases where the parties involved have minor children, the judge may also address child custody arrangements to ensure the safety of the children. If domestic violence is proven, the court may grant custody exclusively to the victim in order to protect the children from abuse and prevent them from witnessing further violence. Depending on the severity of the situation, the court may limit the abuser’s contact with the children to supervised visits or, in extreme cases, completely restrict contact.
Your attorney will help you understand what to expect at your domestic violence hearing, as well as help gather necessary evidence to support your claim. If you are in immediate danger, please call 911, a domestic violence hotline or local law enforcement for assistance.
For help with your divorce and domestic violence issues, call the compassionate family lawyers at Appelhof, Pfeifer & Hart, P.A. in St. Paul, MN.
