One of the most frightening and disturbing things that could ever happen in a relationship is when a spouse or partner becomes abusive. Though there are usually always warning signs, a spouse sometimes does not expose his or her true self for years. The first incident of abuse often comes as a shock, which is why many victims sometimes brush it off, telling themselves that it was a one-off, or perhaps even that they deserved it. However, this is never the case, and nobody deserves to be treated so maliciously. Though you may not know where to turn, we are here to tell you that we are ready to fight in your corner and provide you with the safety you need to live your life unafraid and in peace. If you are a victim of domestic violence, please read on to learn more about what you can do:
What should I do following an incident of domestic violence?
While there are certain steps we recommend you take before leaving the marital home during a divorce, these steps become moot if you or your children are in danger as a result of an unsafe situation in your marital home. If your spouse is physically abusive towards you or your children, it may be better to leave the home as quickly as possible, and take legal action afterward to protect your health, safety, and legal rights.
For example, temporary restraining orders can be requested and fairly easily obtained if there are alleged instances of domestic violence. Furthermore, these legal orders will often require the alleged abuser to vacate the family home until a final restraining order hearing is held, even if the alleged abuser is the titled owner of that home.
However, if you leave your home with your children and do not file for a temporary restraining order, this can be viewed as “kidnapping,” and can seriously impact any future child custody agreement you reach as part of your divorce. So while you may not have the opportunity to discuss your options with an attorney before leaving the home in the case of domestic violence, once you do leave the home, it is paramount that you take legal action of some kind to justify your actions and protect your parental rights moving forward.
We can assist you in getting temporary and permanent restraining orders to provide you with the lifelong safety that you and your children need.
Contact our Hackensack Divorce and Family Law Firm Today
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee.
If you are considering moving out of your marital home, or if you have already taken that step, our experienced divorce and family attorneys are here to help you understand the legal ramifications associated with this decision, and successfully navigate the various legal issues that may arise moving forward such as temporary child custody agreements, child custody agreements, domestic violence restraining orders, and more.
To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about moving out of your marital home during your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.