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Divorce Lawyer Near Me in Wheat Ridge | Protective Orders and Domestic Violence in Divorce Cases

by | Nov 21, 2019 | Divorce |

Learn more about protection/ protective orders in a Jefferson County divorce.

During a divorce in Wheat Ridge and Jefferson County, it is not uncommon for one party to file for a protection order, especially if the divorce is contentious. Sometimes, when things get ugly, allegations of domestic violence are easily reported through a Motion for Civil Protection Order. In this motion, the person requesting the protection order must designate from the following list why they are requesting the protection order: Domestic Abuse, Stalking, Sexual Assault, Unlawful Sexual Contact, Abuse of the Elderly or an At-Risk Adult, or Physical Assault / Threat. While protection orders are vital for keeping those in real danger safe, they can conversely be used as a weapon to hurt the other party in a combative divorce.

Protective Order in a Jefferson County Divorce

Protection orders can be a very important defense against abuse in Arvada and Jefferson County. Sometimes the domestic violence a spouse suffers is the reason for the divorce. Or, perhaps since the divorce proceeding have begun, one spouse has become more aggressive and has demonstrated threatening behaviors that are worrisome. In these situations, a protection order can be an important tool to keep you and your children safe.

Using a Protection Order as a Weapon in an Arvada Divorce

Sometimes, the allegations brought about in the Motion for a Protection Order are old and seem to be a last-ditch effort to get back at or tarnish the reputation of the other party. Here is a real-world example of how a protection order can be used as a weapon in a divorce case:

A husband and wife are in the midst of a divorce and the husband is paying spousal maintenance to the wife. The terms of the maintenance are that the husband will continue to pay until either party dies, or the wife gets married, enters into a civil union, or moves in with a partner. The husband found out that the wife moved in with another man, and therefore asked the court to remove the spousal maintenance requirement. In return, the wife filed for a protection order alleging domestic violence while they were married. Since the allegations are not current, it seems suspicious that the wife found it necessary to ask for a protective order after finding out she wasn’t going to receive maintenance payments anymore.

Whether during your divorce you need a protection order to protect your family or you need to fight against false allegations presented in motion for a protective order, the Pearman Law Firm can help. Call us today at 720-259-9528 for a free initial phone consultation.

Photo by Mattia Ascenzo on Unsplash