Families don’t always live happily ever after. Unfortunately many spouses and children are the victims of abuse. While they are attempting finalize a divorce and start a new life an order of protection may be needed to keep them safe.
An order of protection does not just prohibit physical abuse. It protects a person from harassment, stalking, and menacing. Although it can be hard to prove that a person is being stalked, in today’s electronic world, it is harder for a person to be invisible than in prior years.
However, during a contentious divorce, spouses have been known to make unsubstantiated claims of harassment and stalking to get sole custody of children or to put their spouses in jail. They use this as a form of blackmail to get the other spouse to agree to larger spousal support, letting them keep the house or to giving up custody of their children. People who have this happen to them have to hire a Order of Protection Lawyer to protect their own rights. Eventually the court and perhaps a jury will have to sort out the issues.
The judge in a divorce hearing is charged with doing what is right for the children. The lawyers who represent the spouses will have to provide the judge with as much evidence as possible. This means that they might have a private investigator look into the activities of the spouse that is making the accusations. They might actually find that she or he is the one who is actually jeopardizing the welfare of the children. Once a divorce becomes this contentious, it can be difficult to sort out the facts from the emotions. It will be impossible for the parents to cooperate to share custody of the children. The judge will have to pick the parent they deem most suitable. They may even require that the non-custodial parent only have supervised visits to ensure that they child is safe.
If you are afraid of being injured, then you should hire a Family Court Lawyer in Suffolk County, NY who will help you submit the proper paperwork. Visit Law Office of Mitchell M Shapiro for more information.
