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Domestic Violence and the Divorce Process

As a victim of domestic violence, it may surprise you to learn that you still need to divorce your spouse if you no longer want to legally be married to them. While filing a protection order is a great first step towards the protection of you and your children, unfortunately, filing the protection order is not your only step. Our San Bernardino divorce attorneys explain what you need to know about domestic violence and the divorce process.

Protection Orders

Filing a protection order can do exactly that — protect you and your children from your spouse. But, unfortunately, while a protection order can cause your spouse to begin paying child support and establish a visitation schedule with your children, your protection order does not dissolve your marriage.

For your marriage to legally end and the link between you and your spouse to dissolve, you will need to file for divorce.

How to File for Divorce

If you are seeking a divorce, you will need to find a divorce lawyer who can help guide you through the process. You may already have a lawyer who helped you file your protective order, so if you feel comfortable with this lawyer, you should stick with their services. When preparing all necessary documents to file for divorce, share with your lawyer about your protection order and any court documents from that.

When filing for your protection order, the court may have established child support and a visitation schedule, so you should share that so your lawyer is prepared. With all prior court documents and your concerns known, your lawyer can guide you through the process from filing to finalization.

At the final hearing in which the judge will declare the decree of divorce to be finalized, both you and your spouse will need to attend at the same time. While that may not be desirable for many who have protection orders, the court will ensure your safety. If you feel unsafe on your court date, tell the court’s bailiff, who will make sure that you will not physically be close to your spouse and can limit interactions in the courthouse. If you feel physically unsafe at any time, tell your lawyer and they can help you.

Our San Bernardino Divorce Lawyers

If you are seeking to terminate your marriage and are a victim of domestic violence, our compassionate divorce attorneys at Law Office of Michael R. Young can help guide you through the process of divorce. If you are a victim of domestic violence and need immediate help, call the National Domestic Violence hotline at 1-800-799-7233 or 1-800-787-3224 for Text Telephone Relay if you are hard of hearing.

Call our team today at (909) 315-4588 to schedule an initial consultation with our team of compassionate divorce attorneys.