Of the many concerns that you may have during your divorce, your safety needs to be one of top priorities. If you feel unsafe or if your spouse threatens you or your children there are options to protect yourself and your children. One of those options is a motion to vacate the marital home. Another form of protection is a restraining order.
There are a wide variety of restraining orders. The most commonly used domestic relations restraining order is referred to as a 209A restraining order because it is governed by Massachusetts General Laws ch. 209A. This restraining order offers a variety of remedies ranging from the least severe — and order from the court ordering the defendant to refrain from abusing the plaintiff — to the more severe — ordering custody of any minor children to plaintiff (the person filing the restraining order) and/or ordering the abuser to vacate the home. An important note: 209A restraining orders are available to adults and minors. No one should suffer abuse and therefore the statute makes itself available regardless of age.
209A is a very powerful statute intended to safeguard a needing individual. The statute provides options for relief even when the court is closed by authorizing judges to issue orders to the appropriate law enforcement agencies until more formal legal proceedings can be had. Additionally, the statute also allows for temporary orders to ensure that the plaintiff’s safety is not in jeopardy for any amount of time between the hearing and a judgment.
If you or your children are experiencing abuse as a result of a divorce or even if the abuse is the central reason you are contemplating divorce, know that there are options; seek help.
{ 0 comments… add one now }