Protecting Yourself in Abusive Relationships: What You Need to Know About Protective Orders in Divorce

When it comes to divorce, not every case goes smoothly. Some couples strongly disagree about assets and child custody, while others feel the need to assign blame and this can prevent a case from moving forward. Other individuals deal with very serious threats to their safety and wellbeing when they attempt to leave an abusive spouse who had previously been controlling their every move. In cases such as these, it is vital to know about the protective measures that you are afforded when filing for divorce in Ohio.

At the Law Offices Of Cara L. Santosuosso, LLC, our team of collaborative divorce lawyers and child custody attorneys always puts client safety first. We acknowledge that leaving an abusive relationship can be one of the most difficult decisions a person faces, but we also are able to use Ohio law to support these individuals, with legal options that can offer protection both during and after the divorce process.

What Is a Protective Order?

A protective order is one of the most important tools available to abuse victims who are filing for divorce. Sometimes called a restraining order, a protective order is a court order that can protect a victim of abuse by prohibiting the abusive individual from engaging in certain behaviors or contacting the protected person. A protective order can lead to a temporary or indefinite loss of access to the marital home, vehicles, or even custody of children, depending on the situation. These legal restrictions often help to provide immediate relief for victims.

Depending on the circumstances, a protective order can achieve the following:

• Prohibit contact or communication
• Require the abusive person to stay away from the victim’s home, workplace, or their children’s school
• Address temporary custody or parenting issues
• Require the individual to surrender firearms when required by law
• Provide other protections authorized by the court

Protective orders may be appropriate when an individual filing for divorce has experienced or reasonably fears violence of one sort or another. This could be actual physical violence, threats of violence, stalking, sexual abuse or certain forms of intimidation or harassment. Every situation is different, and you will need to work with a trusted divorce lawyer in Ohio to ensure that you are eligible for this protection based on the specific facts of your case and applicable Ohio law. If you are able to secure a protective order, it can alleviate some of the tension that comes with leaving a relationship and a person that does not have your best interests at heart, while also helping you to stay safe and protected during the process.

Common misconceptions about protective orders are that you already need to have filed for divorce to obtain one. This is not necessarily true, as you can typically request a protective order before or independently of a divorce. Some may believe that you need to have experienced physical abuse, specifically, but this is not true under Ohio law, and is more dependent on your unique circumstances. That is one more reason why it is so vital to work with a trusted divorce lawyer in Ohio. An experienced family law attorney can explain your rights, prepare evidence, and advocate for your interests throughout the legal process.

Types of Protective Orders in Ohio

Depending on your specific circumstances, Ohio law provides several types of protective orders that can be requested. Your Ohio divorce lawyer will be able to help you discover the one that most applies to your situation and needs.

Ohio protective orders include:

• Domestic Violence Civil Protection Orders (CPOs): parties have a qualifying family or household relationship
• Domestic Violence Temporary Protection Orders (TPOs): issued in connection with certain criminal proceedings
• Stalking or Sexually Oriented Offense Protection Orders: situations involving stalking or certain sexual offenses

A protective order is obtained by filing a petition with the court. This is best done with the help of your divorce attorney. You will then be requested to explain the particulars of your situation and why the protective order is needed. The court can then issue a temporary protection order for immediate assistance. After a review hearing, and after both parties have been given the opportunity to present their case, the court may grant a full protective order, which can last for a few years’ time.

Common evidence submitted to the court to substantiate claims of violence or abuse can include:

• Police reports
• Medical records
• Photographs of injuries or property damage
• Witness testimony
• Text messages
• Emails
• Voicemails
• Social media communications
• Threatening messages
• Documentation of prior incidents

Keeping good records of interactions prior to making a claim or filing for divorce can be very helpful when seeking legal protection for yourself and your children.

Protective Orders And Divorce

You do not need to wait until divorce is finalized before seeking protection. In fact, seeking a protective order before or during a divorce proceeding, depending on the circumstances, can give you the space and bandwidth you need to be able to better handle the matters related to your divorce process. While the divorce process and a protective order are two separate legal matters, they often overlap in cases of abuse, violence or coercion.

Whether or not a couple has a history of abuse or violence, protective orders can be an asset in high-conflict divorce, where tensions can escalate quickly and one party feels threatened or unsafe. In such cases, obtaining a CPO can be a necessary step to ensure protection during the divorce process. Whatever the reason for a protection order, it can immediately impact your life and divorce. A protective order can force your spouse to move out of a shared home, control their access to shared assets and property, require immediate child or spousal support, and effectively cut off contact and communication between you.

Working with an experienced divorce attorney in Cleveland ensures that, however complex your case may be, you have the guidance and representation you need to navigate the process.

Protective Orders And Child Custody 

The best interests of your child(ren) are always top priority for everyone involved in your divorce case–your divorce attorney, the judge, and any experts who are asked to weigh in. That is why, when determining child custody, the judge in charge of a divorce case will take a protection order between the child’s parents very seriously. Whether the protection order existed currently or in the past, it can have an outsized impact on their final determination. 

A protective order that is currently in effect and lists your child as a protected party will put an end to any communication between them and their other parent, unless the judge sees fit to make exceptions. Visitation will also likely need to immediately cease. Specific amendments of the protective order can be made to allow for some contact, but this is best done with the help of an experienced divorce and child custody attorney to ensure that your and your children's rights and safety are protected. In the end, protective orders rooted in domestic violence claims can weigh heavily in a judge’s decision regarding permanent legal and physical custody.

Safety Planning During Divorce

If you are dealing with a particularly contentious divorce and are also seeking a protective order, it may be a good idea to also consider a broader safety plan. Legal protections give you something to fall back on and are a deterrent to your abuser, but unfortunately, they may not always be enough to keep them at bay. High-conflict divorces can bring intense emotional strain and very real safety concerns. Staying aware and protected will help you to get through this trying time and keep safe.

Key strategies for staying safe can include:

• Staying with trusted friends or family
• Creating an emergency contact list
• Identifying safe places to escape to
• Keeping a charged phone available at all times
• Sharing your situation and location with trusted friends and family
• Changing common routines that your spouse knows well
• Being cautious about in-person meetings
• Limiting unnecessary contact for yourself and for any children
• Using neutral locations and involving third parties for child exchanges
• Saving important documents
• Establishing a confidential mailing address if appropriate
• Changing passwords and securing digital accounts
• Working with local domestic violence organizations
• Prioritizing emotional and mental health and wellbeing

Legal protection is just one part of a safety strategy. High-conflict divorces can create the need for a more comprehensive approach. It takes first recognizing the risks and threats, and then preempting potentially harmful situations with a strategic plan. Trust your instincts and take your and your children’s concerns seriously. In today’s digital world, this could also mean protecting your digital assets and limiting use of social media or other forms of digital communication, as well as taking advantage of Ohio’s recent anti-tracking statute. Whatever form it takes in your case, safety planning comes down to preparation, awareness, and support.

No one should have to choose between their personal and family safety and their future. If you are experiencing abuse or fear for your safety during a marriage or divorce, understanding your legal rights–including the availability of protective orders–can be an important first step to your new life. Understanding how protective orders work can help you make informed decisions and take steps to protect yourself and your family during the divorce process.

Experienced Ohio divorce attorneys, like the team at the Law Offices Of Cara L. Santosuosso, LLC, can help you to evaluate your options and pursue the legal protections available to you. We can work on your behalf to prepare court filings, gather supporting evidence, and then represent you during key hearings. We can determine whether a protective order is appropriate in your case and explain your legal options. As part of requesting a protective order we can also address related issues such as custody, parenting time, and your divorce proceedings. Having knowledgeable legal representation can help you to navigate an already stressful situation with greater confidence.

Contact us today to learn more and schedule a consultation. Together we can work to secure your safety going forward. We wish the very best for your current and future wellbeing and would be honored to assist you in facilitating your new life.