Divorce constitutes an emotional process for all parties involved. Especially for spouses that have experienced domestic violence throughout their marriage, they may feel concerned about the actions of their spouse when they file a divorce petition in Pennsylvania. An action of injunction can offer victims and potential victims peace of mind through protection against any altercation involving their spouse.
Injunctions ensure that retaliation does not exist between spouses during the divorce process. Even if a spouse has not experienced domestic violence during their marriage, they may have the opportunity to petition for an injunction if they feel their safety is in danger. When going through the separation process, especially when the process involves animosity and stress, you may wish to seek the expertise of a family law attorney. These attorneys are versed in injunctions, and they can help you petition for protection during your divorce.
Pennsylvania domestic violence injunctions
According to the law, those that can file for injunctions either:
- Are victims of domestic violence; or
- Have cause to believe they are in danger of becoming of victim
When filing, the petition asks whether your spouse committed any of the following acts against you.
- Committed a domestic assault
- Threatened, stalked or abused you
- Injured or killed a pet
- Used weapons to intimidate or hurt you
- Stopped you from leaving your home
- Holds a criminal record of violence
- Destroyed your property (specifically phones or communication devices)
Depending on the severity of your injunction situation, you will file a petition outlining the terms of the injunction. Perhaps you want to establish a temporary injunction to protect yourself from your spouse entering your home during the divorce process. Perhaps you and your spouse have children, and you want your injunction to include a modified parenting plan for your children’s safety. You may even ask the court to force your spouse to attend a domestic battery or anger management program as part of the injunction.
Both spouses will have the opportunity to present evidence to enact or remove the injunction during the divorce. Know that Pennsylvania court understands the importance of protection against violent behavior during the divorce process.