Sunday, December 19, 2010

Domestic Violence and Divorce

            If your spouse knowingly physically harms or attempts to physically harm you (or your children), such that you fear for your safety, you are a victim of domestic violence (DV). You may choose to take action to prevent future violence or threatened violence.
            One option involves calling the police. If the police determine you are the victim are DV, your spouse will be arrested and a court will most likely order your spouse to stay away from you until the case is decided. If your spouse is convicted of DV, the court may continue the stay away order, often at your request.
            You can also petition your county domestic relations court for a civil protection order (CPO) against your spouse. The court will determine if your allegations meet the criteria for a hearing on your petition. A temporary protection order is issued if the criteria are met, and your spouse will be ordered to stay away from the parties listed to be protected (you, you and your children, etc.). The temporary order becomes effective once your spouse is served with the order. Violation of the order after your spouse is served is a criminal offense.
            The domestic relations court will schedule a hearing where both you and your spouse will be able to present evidence regarding the validity of your petition. Should the court be satisfied the parties listed to be protected need a CPO, such an order will be issued, for up to five years.
            Criminal stay away orders and CPOs may be grounds for the protected spouse to be entitled to exclusive possession of the marital residence, until the residence is sold or otherwise disposed of during a divorce. There are multiple other grounds for exclusive possession of the marital residence to be granted and it is best for you and your attorney to decide if such grounds exist and whether you want exclusive possession of the marital home.
            A spouse’s domestic violence history will be considered in custody and visitation deliberations. Supervised or unsupervised visitation may be at issue.
            Victims of DV may qualify for a legal aid attorney to be appointed to represent them during both CPO and divorce proceedings. The standard will not rest with how much money your spouse earns.
            When your spouse is prosecuted for DV, the matter becomes a public record. CPO filings appear on clerk of courts websites.
            When the police are summoned for a domestic violence call, someone is normally arrested. Sometimes the caller or both spouses are arrested. The police do not act as referees in a domestic dispute. Their role rests with enforcement of the law.
            In Ohio, someone convicted of an offense of DV (§ 2919.25), when the offense is a misdemeanor of the first degree (M-1), cannot have the record of the conviction expunged. A subsequent DV charge, after someone is convicted of an M-1 DV, will be enhanced to a felony due to the prior conviction.
This guide is provided for informational purposes only. It is not offered as, and does not constitute, legal advice. The guide presumes you are not currently represented by an attorney who knows your specific circumstances. The guide is specific to Ohio.


Reprinted by author from:
http://www.avvo.com/legal-guides/ugc/domestic-violence-and-divorce-1

7 comments:

  1. It's really nice info. I like it. Thank you.

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  4. I called the police on my wife because she wouldn't hand over the keys to my car so I could leave. The police took me to jail and the court put a temporary protection order against me. Now I cant fo home, have no car and my life is being ruined by the police and courts. Stressful to a maximum level and I suggest NO MAN call the police no matter how rediculous the wife is acting. It's a twisted and discriminatory system that gives all power to women whether you can prove innocence or not. I wouldn't call the police if someone was dying in front of me now.

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  6. My husband and i got Married last year and we have been living happily for a while. We used to be free with everything and never kept any secret from each other until recently everything changed when he got a new Job in NewYork 2 months ago. He has been avoiding my calls and told me he is working,i got suspicious when i saw a comment of a woman on his Facebook Picture and the way he replied her. I asked my husband about it and he told me that she is co-worker in his organization,We had a big argument and he has not been picking my calls,this went on for long until one day i decided to notify my friend about this and that was how she introduced me to Mr James(Worldcyberhackers@gmail.com) a Private Investigator  who helped her when she was having issues with her Husband. I never believed he could do it but until i gave him my husbands Mobile phone number. He proved to me by hacking into my husbands phone. where i found so many evidence and  proof in his Text messages, Emails and pictures that my husband has an affairs with another woman.i have sent all the evidence to our lawyer. I just want to thank Mr James for helping me because i have all the evidence and proof for my lawyer,I Feel so sad about infidelity.


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