An application of divorce which is based on domestic violence or child abuse in Northland is treated with high sensitivity unlike other divorce cases which are based on the fact that the marriage has broken down irretrievably. Domestic violence may also be the reason why the marriage has broken down irretrievably and in such instances, you will need the assistance of a lawyer to explain your rights and how to go about your case. It is advisable you visit Divorcenz.com for services of a lawyer.
Divorce applications filed based on the fact that the marriage has broken down irretrievably because of domestic violence is treated in a much different way compared to divorce applications based on the fact that the marriage has simply broken down irretrievably. The separation period may be overlooked and the court may go straight into the dissolution of the marriage to prevent further violence and risk endangering the life of such victim. You can also get a police order to prevent further intimidation or harassment. A police order issued by the police can help keep you safe and secure. In some cases the police file a police order without asking the person who made the complaint.
Although unlike the restraining order, the police order only lasts for a couple of days and most times it could be for a maximum of 2 days.
In cases where the domestic violence is from the other spouse who is refusing to accept your application for divorce, you can apply for a restraining order. To get a restraining order, you have to prove that the domestic violence has happened twice in 12 months. Once you are granted a restraining order, it becomes a criminal offence when your spouse,
1) Touches you in any way
2) Stalks you, for example lurking around outside your house
3) Does anything that endangers your life.
It is also a crime if your spouse threatens you directly or if he gets a random person to threaten you.
Domestic violence includes other abuses asides physical abuses like;
1) Sexual abuse
2) Psychological abuse
3) Financial or economic abuse
In such cases, domestic violence is seen as the main reason why the marriage has broken down irretrievably and the court would ask for evidence of counselling or proof of the domestic violence which the applicant is relying upon before granting an order for the dissolution of marriage.