Temporary Restraining Order - Protection for Victims of Domestic Violence

Experiencing domestic violence is one of the most horrific experiences a person will ever endure. Domestic violence is especially egregious because it is a torturous act committed by someone who may be loved, trusted and depended upon by the victim; even a spouse, domestic partner or the other parent of one’s children. Oftentimes victims may live with the aggressor and have to endure ongoing physical and emotional harm. This is especially concerning when children are in the home and either witness the violence or are physically or emotionally abused themselves. Victims of domestic violence are not only scared but also may feel alone and helpless. This is because perpetuators of domestic violence frequently isolate them from their loved ones, family and friends, while putting on a charming facade. However alone one may feel, that does not need to be the case. An aggressive attorney can make a huge difference.

A temporary restraining order may be sought in family court. The order may protect the victim and others who live in their home, including children. If the aggressor lives in the home, an order for him or her to move out (a” Kick Out Order”) may be sought. In addition, a request for a divorce, custody and a motion for child and spousal support may be filed in certain circumstances. The restraining order request may be filed and temporary protection could be obtained before the perpetuator even knows the victim is taking action. The restrained party would be served with the order once it is already in place.

It is critical for a victim of domestic violence to find an attorney who they trust and are comfortable with. A combination of clear communication, aggressive representation and compassion is critical. With the right law firm behind them, the victim will no longer feel alone. In fact, he or she should feel like they have a team of advocates on their side.

Lance Claery
Partner, Claery & Hammond, LLP