The Hayes Law Firm Upstate Attorneys, LLC are restraining order lawyers in Greenville, South Carolina who assist victims of domestic violence who may be making plans to divorce their abusive spouses or leave an abusive relationship. Leaving an abusive relationship takes a great deal of courage. The time when victims are most of risk of serious injury or death is when victims make the decision to leave. It is important to take steps to protect your safety and your rights. A restraining order lawyer at the Hayes Law Firm Upstate Attorneys, LLC can assist you with filing for an order of protection, including providing supporting documentation so that your petition will be accepted by the courts. Finally, it is important to understand that while a restraining order can provide you with legal protections from an abusive, violent, or threatening ex-partner, a restraining order cannot physically protect you should you partner become violent. A restraining order should be just one part of a larger safety plan that domestic violence victims should have in place. The Hayes Law Firm Upstate Attorneys, LLC are restraining order lawyers in Greenville, South Carolina who may be able to help you if you are seeking a restraining order or if you are considering divorcing an abusive partner.
Can I Seek a Restraining Order in South Carolina?
In order to seek a restraining order in South Carolina, you must be an abuse victim. The South Carolina Courts define abuse as any kind of physical harm, bodily injury, threats of physical harm, or sexual crimes. Additionally, in order to seek an order of protection or a restraining order, the person committing violence against you must either be a partner through marriage, an intimate partner with whom you formerly lived, or the parent of your child. If you don’t meet these criteria, you may still be able to file for a restraining order, but your process may differ. When seeking a restraining order, it is important to provide the court with documentation of the abuse. If a restraining order is denied, you could face serious penalties when seeking a divorce or child custody from your ex, so it is important to get your filing right. The Hayes Law Firm Upstate Attorneys, LLC are restraining order lawyers in Greenville, South Carolina who may be able to help you file for an order of protection.
What Can a Restraining Order Do in South Carolina?
A restraining order can offer you a range of important legal protections against a violent partner or spouse. A restraining order can make it illegal for an abuser to contact you or to hurt you or your children. The restraining order can prevent the person from contacting you or visiting you at home, work, or school. With a restraining order in place, you may be able to seek sole physical custody of your children, so if you are getting divorced and are concerned for the safety of your children, a restraining order may be able to help you get the parenting plan that will be in the best interests of your children. A restraining order may also require that your former partner see the children only with supervised visitation, to protect your children’s safety. With a restraining order in place, an abusive partner may be required to physically leave the home you share. Finally, the abuser may be required to pay alimony, child support, or even pay your attorney’s fees if you suffered damages, financial abuse, or are entitled to receive child support during your divorce.
While an order of protection can grant you a great deal of legal protections, it cannot stop physical violence from occurring. Individuals often include an order protection as part of a larger safety plan for themselves and their children that may include:
- Seeking safety in a domestic abuse shelter or with a trusted friend or family member
- Having emergency numbers on hand should your ex contact you or threaten you
- Changing locks on your doors
- Informing friends and family members that you don’t want your ex to know your whereabouts
- Teaching children how to call 911 and how to escape the home should your abusive ex come to the house
These are just some things to consider. If you are divorcing an abusive partner and have questions about what a restraining order can and can’t do for you, or if you have questions about whether a restraining order is right for you, reach out to the Hayes Law Firm Upstate Attorneys, LLC in Greenville, South Carolina today. Our firm can work closely with you and your family to help you file a restraining order and protect your children.
Staying Safe When Leaving an Abusive Marriage
Leaving an abusive marriage can take a great deal of courage. You shouldn’t try to do it alone. While it is possible to file a restraining order without the help of a family law attorney in Greenville, South Carolina, the courts may not be able to provide you with legal advice should you need it. Get help from family, friends, and loved ones. Seek community supports. And speak to the Hayes Law Firm Upstate Attorneys, LLC in Greenville, South Carolina today. Our restraining order lawyers may be able to help you navigate all aspects of leaving an abusive marriage, from divorcing an abusive spouse, to determining a child custody plan that protects your children, to seeking a restraining order.