In the middle of an argument between married couples, there are instances when emotions could flare up and tempers explode. When this happens, someone may get harmed and the abused spouse may choose to be away from their abuser. To protect the abused spouse from the violent acts of their spouse, they may want to file for a restraining order. The website of Marshall & Taylor PLLC reveals that domestic violence can pose a danger to the well-being of the abused spouse.
A restraining order is issued by the court in order to protect a spouse from the violent behavior of the other spouse. Also known as a protective order, the court directs the aggressor to back off or stay away from the victim. The aim of a restraining order is to protect the complainant from further harm. It is only a civil order so the abuser does not get a criminal record. Restraining orders usually apply to cases of domestic violence such as assault, burglary, terrorism, harassment, to name just a few.
When a restraining order is issued, the abuser is usually directed to do the following:
Avoid contact with the victim either personally or through phone in their home, office, or anywhere. A restraining order may also provide protection to family members
The restraining order may also require the abuser to pay for costs that resulted from the abuse which could include medical bills, lost income, moving expenses, and others.
The abuser may also be ordered to leave the house or apartment where the victim also lives even if the property is under the abuser’s name.
The court may also have the abuser attend domestic violence counseling or undergo evaluation
When you are a victim of domestic violence, you can always seek protection of the law. Getting a restraining order will give you some peace of mind in terms of protection.More →
The Arizona appeals court overturned a lower court’s ruling that a transgender individual has a right to petition for divorce in the state if the marriage is considered legal in Arizona.
The appellant is a transgender man who married his wife in Hawaii after he had completed his transformation from a biological female to a legal male. At that time, Hawaii did not recognize same-sex marriages, but the couple was able to get married legally as a heterosexual couple. If they had obtained a same-sex marriage, they would have been barred from obtaining a divorce in Arizona because the state does not recognize the validity of same-sex marriages.
The 40-year-old appellant had been born a woman but lived as a man for 20 years, except for the periods in which he got pregnant and gave birth to their children as his wife was unable to, for which he gained notoriety. When he decided to divorce his wife in order to marry his girlfriend, he encountered a hitch. He was denied divorce because he was not considered legally married to his wife.
The decision of the appeals court to overturn this ruling is a significant development in the ongoing drama of same-sex marriages, transgender rights, and the general LGBT movement in the US. Many states that have banned same-sex marriages have been ordered to lift the bans by the courts because they have been deemed unconstitutional. The ruling in this case affirms, at least in Arizona, that transgender people have the same legal and civil rights as anyone else, including under family law.
The legal profession has its work cut out for it because the courts are creating numerous precedents as never before. Informed lawyers, such as the Marshall and Taylor divorce lawyers, know that when choosing your divorce lawyer, be sure that you are consulting with one who is up-to-date with the most recent cases.More →