In domestic violence and divorce, the restraining order serves as protection for the victim in the act of physical abuse and threats by prohibiting the partner in getting near to the victim. However, the restraining order was misused in some cases in order to throw away the other partner out of their home. If indeed the person is a victim of domestic violence then the restraining order gives her and his children an added protection by the law.
How To Get Restraining Order?
If one wishes to get a restraining order he/she can file the petition to the court in which he/she will give the full details of the abuse act by his partner. Unfortunately, the law has the hole on restraining order since it the other spouse will misuse it, the other partner can not rebut the allegation and still restraining order will be served. The one will file will be interrogation about the things he/she accused on his partner. The issuance of a restraining order by the court can cause great effect on the custody of the children. These proceedings in the law will eventually follow with or without the knowledge of the accused party.
With the gained sympathy of the victim who alleged his/her partner of domestic violence, the restraining order will be issued resulting for the other partner to cut contact with their children too. And even before the release of the divorce paper, one partner is already out of their house because of the restraining order that the other partner had filed against him/her.
After the issuance of the restraining order, the hearing schedule will be set and the accused partner will then get the opportunity to defend himself/herself against the other partner before the court. If the other partner can present evidence and bring witnesses on this allegation there is a high possibility that the restraining order which supposedly temporary will be permanent for the protection of the other partner against possible harm or threat. This is also punishable by the law if you will be proven guilty on the accusation on you. An imprisonment of maximum 6 months and a fine of one thousand dollars shall be imposed on you.
What To Do If The Accusation Against You Is Not True?
In order not to fail victim of this type of misuse of the legal proceedings. you must rebut all the baseless allegations that your partner had brought against you in the court. If not, the custody of the children and the visitation right can be jeopardized. Things like this may just okay to happen if the allegation is really true but if not, this is a saddening part. But if you got an expert legal assistance, the allegations against you can safeguard yourself on many things. If you think you need legal help of a lawyer or wish to get assessment on your case, please feel free to get in touch through their site at http://astonlegal.com.au