In Pennsylvania, spouses are protected under civil and criminal laws against domestic violence. In a divorce case, the spouse has the right to acquire protection through the court to prevent further injuries. A Divorce Attorney Scranton PA could help these individuals through this process and avoid devastating results.
Filing Charges Against a Spouse
When domestic violence exists in a divorce case, the victim must file formal charges against their spouse. This action is the beginning of acquiring protection from the court. It also allows for a paper trail showing the actions of their spouse to the judge. Their spouse will face criminal charges after this action. The outcome of the criminal case could give the victim leverage in the divorce case.
How to Acquire the Protection Order
After charges are filed, the divorce attorney can submit a petition to the judge to acquire a protection order. This order enforces the judges ruling that the attacker must stay away from the victim. The order includes all location in which the victim may visit, work, or live. It also includes activities that could increase these risks to the petitioner or their children. Additionally, supervised visitation is ordered for all children during the case.
Does a Protection Order Guarantee Custody?
No, a protection order doesn’t guarantee that the petitioner will receive custody of the children. The judge evaluates any violations of the protection order and information from the social worker to determine if there is an ongoing risk to the children. However, if the attacker is a risk to the children, the petitioner may acquire custody.
Reassessing Risks to the Spouse and Children
After the divorce case has concluded, the judge determines if there are any further risks. This determination identifies the need for an extension of the protection order. If the attacker is no longer a threat, the order is nullified.
In Pennsylvania, domestic violence could become a part of a divorce case. When this happens, the petitioner must acquire involvement from a judge to acquire adequate protection.