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No one should experience violence, especially from a spouse or family member. Unfortunately, domestic abuse is common all around the country, and it is important to understand your legal rights as a survivor. If you have questions about how domestic assault might impact your divorce, our family attorneys at Carr | Woodall could help. Contact a South Jordan domestic violence lawyer as soon as possible to discuss your options.
Domestic violence is broadly defined under state law and includes more than physical abuse. It refers to any criminal act committed by one family or household member against another. This includes:
When a person is accused of domestic abuse, it can impact family law matters, such as divorce, alimony, or child custody. To learn more about how this applies to your family, consult with a seasoned domestic abuse attorney in South Jordan.
Restraining orders, also called protective orders, are powerful tools designed to safeguard individuals facing the threat of domestic abuse. Our South Jordan family violence lawyers could assist you with petitioning for an order that can protect you. There are generally three types that may apply.
A judge can issue a temporary protective order when there is an immediate risk of abuse, which usually remains in place until the court can hold a full hearing, often within a few weeks. It can restrict contact, require the accused party to leave the family home, and set temporary custody arrangements.
The court may also grant a permanent protective order after a hearing. This order can last for years and may be extended if the threat continues. It provides long-term protection by restricting communication, setting boundaries on visitation, and prohibiting harassment.
Utah also recognizes child protective orders, which specifically safeguard minors from abuse or neglect. In addition to the typical powers of a restraining order, a court can adjust custody and visitation rights to ensure a child’s safety.
The unfortunate reality is family violence often targets or occurs within view of young children. If you are a survivor of domestic abuse, you must consider a long-term plan. A temporary domestic violence restraining order can help immediately, but as a parent, it is critical to consider how to keep your children safe.
Acts of domestic violence often significantly impact the outcome of child custody cases. The courts are required to make decisions regarding custody and visitation based on the best interests of the child. A history of domestic violence or abuse is one of the most significant factors a judge considers in these cases. In fact, threats of violence could be enough to secure a custody award. Our family law attorneys in South Jordan could help you petition for custody or ask the court to modify an existing visitation order because of the ongoing risk of abuse.
If you are the victim of domestic abuse, you could benefit from discussing your legal options with our team of attorneys. The harm you suffered could be a major factor in a divorce or child custody case, but only if you start the process to enforce your legal rights soon. Contact Carr | Woodall today for a private consultation with a South Jordan domestic violence lawyer.