As a victim of domestic violence, making the decision to divorce can be challenging. It can come after years of abuse and denial. The process can be overwhelming, and separating from an abusive spouse doesn't end the risk of harm.
If you're in an abusive marriage, the LLF Law Firm Family Law Team is here to help. We can help throughout the process and help ensure that you and your children remain safe. Call us at 888-535-3686 or fill out our online form.
PFAs
In Pennsylvania, restraining orders are known as Protection From Abuse orders (PFA). When you take out a PFA against a spouse, it prevents them from contacting and seeing you.
In most cases, individuals will initially file for a temporary PFA. In circumstances when your life is in immediate danger outside of normal business hours, you can file for an emergency PFA.
If a temporary PFA is granted, the next step is a permanent PFA. In Pennsylvania, permanent PFAs last for up to three years and can be extended.
Pennsylvania PFAs cover the entire state and can be enforced in every U.S. state. PFAs can be a powerful and important tool in protecting domestic violence victims.
Minimize Contact
Even if you don't have a PFA, minimize your contact with your spouse. As much as possible, communicate through your lawyer or a trusted third party. Avoid engaging with them and keep in mind that they may try and bait you or otherwise get a reaction.
Prenups and Domestic Violence
Pennsylvania requires that both parties voluntarily enter into a prenup. In some situations, evidence or a history of domestic violence may call into question whether the abused spouse truly voluntarily entered into the agreement. If a court finds that one spouse was coerced into signing a prenup, the entire agreement will be invalid.
Custody
Pennsylvania's default is shared custody and encouraging children to have a relationship with both parents. That your spouse has abused you doesn't automatically mean they will lose custody.
If you have reason to suspect that your spouse or a member of their household presents a danger to your children, then you should file for sole custody. Even if a judge rules that you have sole custody, they may still grant the other parent supervised visitation.
Stay Safe
The most important consideration is your safety and, if you have children, their safety as well. Whatever is necessary to protect your safety and the safety of your loved ones, the LLF Law Firm Family Law Team can help.
Protect Your Life and Your Future
Divorce alone is stressful. When you combine divorce from escaping an abusive home and marriage, the process may seem almost impossible. And while it can be challenging, with the right legal team, you can navigate the process and start the next chapter of your life.
The LLF Law Firm Family Law Team is here to assist you with filing a PFA, modifying custody, and navigating the divorce. Call us at 888-535-3686 or fill out our online form.
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