A protective order serves to protect innocent family members from harm, and it should not be used as a tool to improve one’s standing in a divorce trial. That being said, you might have been forced to get a protective order, and you may now be wondering how this might affect your divorce. Make no mistake, judges in Georgia’s family courts will likely consider whether protective orders have been granted in the past. But how exactly might this benefit you?
If you have questions such as these, it makes sense to get in touch with a family law attorney in Georgia. Our legal professionals can guide you toward a positive outcome as you approach your divorce. If you have not yet obtained a protective order and you need one, a family law attorney can also help you pursue safety and security. Of course, if you are in imminent danger, you should always simply call 9-1-1.
Judges Will Consider Protective Orders
If you have been forced to obtain a protective order in the past, judges will certainly take this into account when assessing your divorce. Protective orders may affect two main areas of your divorce — child custody and alimony.
How Does a Protective Order Affect Alimony?
A protective order may affect alimony in a relatively straightforward way. After you obtain a protective order, your spouse might be required to pay you spousal support almost immediately. This is especially true if the violence has forced you to move out of your family home in search for a safer place to live. As time goes on and the protective order becomes more long-term, the specific amount of spousal support will be decided upon.
Of course, there may also be a situation in which your spouse is forced to move out of the family home after being arrested for domestic violence. While it might seem counterintuitive, your spouse will likely still be required to pay you spousal support in this situation – even though you have not been forced to move out of your own home and seek shelter somewhere else.
How Does a Protective Order Affect Child Support?
Protective orders can also have a considerable effect on child custody. Judges will consider past instances of domestic violence when awarding custody, and protective orders may be a helpful reference point for judges who are trying to determine whether these instances of violence actually occurred. Of course, a parent who has committed domestic violence will probably still get visitation rights, but these rights may be limited.
Enlist the Help of a Qualified Attorney Today
If you have been searching the Georgia area for a qualified, experienced family law attorney, look no further than Lankford & Moore Law. Over the years, we have helped numerous spouses pursue favorable divorce outcomes that allow them to experience safe, secure lives. Family violence is a serious issue in Georgia, and there is no shame in wondering how your victimhood may benefit the outcome of your divorce. Book your consultation today, and we can explain all of these legal matters in a clear, concise manner.
