On behalf of Stange Law Firm, PC posted in divorce on Friday, June 3, 2016.
Celebrities Johnny Depp and Amber Heard are making headlines recently as they divorce amid accusations of domestic violence.
Heard filed a police report about an altercation in which she says Depp threw a cellphone which struck and left a bruise on her face, according to a story by The Associated Press. She filed for divorce and obtained a temporary restraining order against Depp. To further complicate matters, the couple does not have a pre-nuptial agreement and Heard has filed a petition for spousal support which Depp is requesting be denied.
Unfortunately, domestic violence is an element in many divorces. Women and men who want to end a marriage may find themselves fearing for their safety. However, violence is never justified.
If domestic violence is an issue in your marriage, with an attorney’s help, you can obtain protection under Missouri law. One way is for a judge to grant a restraining order, which bars the named party from being within a certain distance of the victim. Another option is an order of protection which specifically bars the named party from carrying out acts of domestic violence.
In Missouri, neither is automatic in a divorce. If a spouse could possibly cause harm or become violent, a judge can grant a restraining order so that he or she is no longer allowed in the shared home.
An order of protection goes further. If granted by a judge, your spouse could be required to leave the home but still contribute to a mortgage or rent. If you fear for the safety of your child or children, your attorney can also file a petition for a temporary custody order. Orders of protection in Missouri can be enforced from 180 days to as long as 12 months. They also are renewable.
The law is meant to protect victims of domestic violence, especially during a divorce when the situation can become volatile. If you are a victim of domestic violence, it is best to contact an attorney who has considerable experience working with victims of family violence and who can work to help prevent further harm to you and your children.
Source: Findlaw.com, “Missouri domestic violence temporary restraining orders,” June 3, 2016.