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Domestic Violence FAQs
(provided by The Rosen Law Firm)
1) What should I do if my spouse is violent?
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Call the police, if necessary, and when you are safe, contact the domestic
violence relief agency in your county. They will give you advice and, if
necessary, direct you to a safe shelter.
In many circumstances involving domestic violence it is possible to obtain a
court order without the typical notice requirements. You may be able to
obtain an order that will provide you with possession of the marital
residence and automobile temporary custody of your children; the order
may also provide that your spouse must stay away from you and the
children. If your spouse violates such an order he or she will be arrested.
Domestic violence orders are available in certain circumstances when your
spouse, former spouse or a person of the opposite sex with whom you live
attempts to cause bodily injury, or intentionally causes bodily injury or
places you in fear of imminent serious bodily injury by the threat of force.
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Emotional support is available and absolutely essential to everyone involved
in the dissolution of a marriage. There are numerous private mental health
providers including psychologists, psychiatrists, clinical social workers, and
other counselors. Many of these individuals are in private practice and
others work for non-profit agencies and for the government. Many
agencies will provide counseling at a fee based upon your income.
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You can leave the house and not come back and you may take the children
with you unless a court order directs you otherwise. It may be inadvisable
for you to leave the house without talking to an attorney. Leaving the house
without a good reason may effect your alimony situation. If you leave the
house you may also be unable to return until after a court divides the
property. This process will take considerable time and you may not end up
with possession of the house after the property has been divided. The best
advice is to stay in the house until after you discuss the matter with a
lawyer unless your spouse is violent. If your spouse is violent you must take
all steps necessary to protect your safety and the safety of your children.
The Rosen Law Firm located at
http://www.rosen.com/
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