You are still allowed to participate in your divorce, but you’ll need to proceed with extreme caution to avoid running afoul of the order of protection.
Unfortunately, courts see a lot of allegations about domestic abuse as part of the divorce process.
Many people are under the impression that asking for an order of protection against a spouse will reduce the spouse’s chances of getting custody of kids or will convince the judge to make the spouse pay up in the divorce, but neither is necessarily true.
Depending on the circumstances, your family’s legal matters may be combined and your divorce could play out in the Integrated Domestic Violence Court (IDV), where a single judge will participate in all of the cases related to you and your family.
When that happens, you need attorneys who are extremely well versed not only in matrimonial law, but in criminal defense as well.
At Zelenitz, Shapiro & D’Agostino, we are experienced in all IDV topics, and have successfully represented many clients as they divorce under orders of protection.
Call us today at 718-725-9601 for a free consultation.