Protecting Your Rights In Indiana Since 1915

Should you file for a domestic violence order during divorce?

On Behalf of | Jul 4, 2023 | Family Law

The U.S. Census Bureau reported that Indiana had a divorce rate of 8.4 in 2021 – above the national average of 6.9. In the midst of a divorce, emotions often run high, and unfortunately, this can lead to situations where one spouse fears for their safety or the safety of their children.

If you find yourself in such a situation, you might consider filing for a domestic violence order. The need for a domestic violence order during a divorce depends on individual circumstances. The key is to protect yourself and your loved ones from harm.

Identify the need for protection

The first thing you should do is determine if you or your children are in danger. Is your spouse displaying threatening behavior? Are you afraid for your safety or your children’s safety? If you answer yes to these questions, a domestic violence order might be necessary.

Understand the process

Once you have identified a need for protection, you must understand the process of obtaining a domestic violence order in Indiana. This typically includes filing a petition with the court, attending a hearing and waiting for a judge to issue the order.

Enforce the order

After a judge grants the domestic violence order, it becomes enforceable. This means that if your spouse violates the order, law enforcement can take immediate action. Ensure you keep a copy of the order with you at all times, so you can show it to law enforcement if necessary.

How the order can impact divorce proceedings

While a domestic violence order is a separate legal issue from your divorce, the court can consider it during the divorce proceedings. This may affect decisions regarding child custody, visitation and property division.

If you fear for your safety or the safety of your children, you should seriously consider filing for a domestic violence order. Protecting yourself and your children is a priority, even during the complexities of a divorce process.