How restraining orders affect the accused in domestic abuse cases

On Behalf of | Feb 18, 2021 | Criminal Law |

Financial times have been tough for your family in part because of the COVID-19 pandemic. Along with that, the stress and tension at home have come to a boiling point as you spend an increased amount of time with your spouse. During times like these, any situation or incident big or small seems to trigger a potential outburst from either one of you.

One last disagreement, though, pushes you over the precipice, and things go awry. Accusations of domestic violence are flung your way. No matter what, you cannot escape this stigma. These claims will be difficult to overcome. They may tarnish your good name within the family, your community and your professional life. You will face a challenge that you have never confronted before and do not know what to expect regarding a domestic abuse charge.

Not welcomed in your own home

As couples spend more time together during COVID-19 pandemic, disagreements can turn into out-and-out battles, leading to assertions of domestic violence. Even false accusations can surface, especially when a bitter spouse seeks to gain a significant advantage on the issues of child custody and property division.

In any such situation, you may find yourself slapped with a temporary restraining order until the court concludes its findings. For now, all you can do is try to stay as calm as possible until the truth comes out. Here are some consequences that come with a restraining order:

  • Banishment from your own home, and you may no longer visit, either. Under certain circumstances, you may be allowed to recover personal belongings as long as a law enforcement officer escorts you.
  • Under no circumstances can you contact your estranged spouse. This means no “surprise” visits at the home as well as your spouse’s workplace. No phone calls, letters, text messages or social media messages. Doing so likely gets you into more legal trouble with the potential for additional criminal charges.
  • Severe restrictions related to child custody and visitation. Your time with your children will shrink, especially your one-on-one time. Your visits now may include a third-party observer appointed by the court.

This is a situation that no one wants. Charges of domestic abuse can leave an indelible mark on many aspects of your life. Nevertheless, you can still recover from such accusations.