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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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I will be serving my husband divorce papers next week after

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I will be serving my husband divorce papers next week after leaving an abusive marriage. He is volatile and aggressive when angry. He was also abusive (mainly emotionally, but did threaten to kill me with his gun once and often throws and breaks possessions. I dont know how he will take getting served. I moved out the house last week and am living with an elderly couple 2 hours away from my husband. I was reading about the different types of restraining/protective orders but I have no idea which one would be appropriate in my case , if I chose to get one. Basically I am scared of what he MAY do, but again, he may do nothing. But what I also do not want to deal with are his abusive texts, phone calls and emails that will surely follow. Please advise on which order would be most useful and that I wouldnt need to ever see him in a hearing for the order...

For your situation, you would be seeking a domestic violence restraining order. Such an order is appropriate when there is a domestic situation, such as a marriage, and there are allegations of violence or threats of violence. Based on the facts as you have stated them, this certainly appears to be the case here.


When you fill out your request for a restraining order, the judge signs off on it without a hearing. This is the temporary order. Then, within a few weeks, a hearing will be held on the temporary order. It is at this hearing when you will have the opportunity to present testimony and evidence to support your allegations and he will have the same opportunity to refute your allegations. If the judge finds your evidence more credible, he would then enter a permanent order.

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