When violence strikes, don’t give love a second chance. A restraining order will help your custody case.

Posted October 31st, 2016.

Categories: Child Custody, Custody Tips, Domestic Violence, Family Law.

domestic-violence-mark-s-guralnick

Long before couples get divorced or find themselves in child custody cases, they may have fights that turn violent. Domestic violence is, of course, a serious matter, and the family courts around the country are prepared to issue restraining orders and temporary custody orders to deal with violent persons and their victims. But just as often, couples brush their nasty fights under the rug, ignoring their legal rights and remedies.

Many times, a victim of domestic violence passes up the opportunity to get a restraining order or a temporary custody order – in the name of love, or in order to avoid disrupting the lives of the children by kicking one of their parents out of the house.

A domestic violence restraining order can have serious consequences for everybody involved. The law of domestic violence should not be trivialized; complaints should not be filed because somebody raised his voice, used profane words or lost his temper on a rare occasion. Judges are on guard for “victims” who use the domestic violence law as a sword (rather than as a shield), as they try to gain unfair advantage in a child custody case.

On the other hand, a legitimate victim of domestic violence should not give love a second chance. By filing a timely complaint for domestic violence (even if no divorce or child custody case is presently pending), a victim can obtain a protection order, a restraining order or a temporary custody order. This will not only ensure the victim’s safety but it will give the victim a decided advantage in a future custody case.

Spend a day in domestic violence court, and you will see lots of victims telling the judge how they were victimized in the past but never bothered to report it to police or to the court. Not only have these victims missed the opportunity to gain protection earlier and to secure an advantage in a subsequent child custody dispute, but they may be viewed by the domestic violence judge as less credible.

The best policy: When domestic violence strikes, file a report with police, file a complaint with the court, and obtain the protection order or restraining order. Even if you drop the case or withdraw the court orders later, the legal record you’ve created will assist you in a future custody case.

Share this Post

Read Our Latest Blog Posts

Contact Us Today for a No-Fee Consultation!

Timely, effective legal services with down-to-Earth, common sense advice, provided to individuals, businesses, and organizations.

The legal team at the Law Offices of Mark S. Guralnick is happy to assist you with your legal problems, no matter how big or small. We serve clients throughout the United States and across the world.

Feel free to contact us toll-free at 1-866-337-2900.

    8 College
    Degrees
    6 Specialty
    Certifications
    9 Bar
    Licenses
    10 Law
    Books
    8 Professional
    Awards
    30+ Years of
    Experience
    100+ Published
    Articles

    Licensed as a private detective, Mark Guralnick is a former investigative news reporter, and leverages these skills and experiences to deliver excellent client service while finding smart, practical, cost-effective solutions.

    See What We Can Do For You
    Back to Top