What To Do If Abuse Is Involved
Protecting Your Rights In A Chaotic Situation
Abuse, or even allegations of abuse, can complicate a divorce proceeding. In some cases, one spouse initiating the divorce is the event that triggers the abuse. In other cases, abuse has been ongoing, and one spouse is seeking to terminate the relationship. Unfortunately in some cases, spouses even manufacture stories of abuse to win the upper hand in a child custody battle. Whatever your situation, the attorneys at Marinaro Law can protect your rights and your well-being while navigating the divorce process to completion.
What We Can Do
If you’re being abused and are seeking a divorce, we can file for an order of protection from abuse (PFA) against your spouse. This is a temporary restraining order that, if granted, can include a number of requirements. For example, a PFA in Pennsylvania can:
- Require your spouse to move out
- Keep your spouse from contacting you
- Order that your spouse refrain from abusing you
- Prevent your spouse from possessing guns
You don’t need your spouse’s cooperation to obtain a PFA. If you go on to seek a final protection order (FPO), however, your spouse will get the chance to tell their side of the story.
What Happens Next
Once your immediate safety is assured, we can move on to start your divorce proceedings. If your relationship had been abusive, the court will take this into consideration for child support and custody considerations. For example, you could be granted at least temporary custody of your children. And the court will consider allegations of abuse when determining permanent custody.
Dealing With False Accusations
If your spouse manufactured a story of abuse for purposes of vengeance or to gain the upper hand in a child custody matter, we can protect your rights to the fullest possible extent. Courts do not smile on false allegations any more than they do verified allegations, and we will make sure any final settlement reflects the truth of the situation.