Church of Wells/YMBBA Ministries

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1/15/2014 9:02 pm  #1

Laws and Info for Women Fleeing a Husband

Again, motivated by Catherine's recent attempt to leave - here are a few pieces of helpful literature for women looking to leave their husbands and/or file to divorce. Hopefully this info removes some potential boundaries and/or doubts. I've provided this because most of the women are married, most with children. That definitely complicates the escape process... but there are many many ways around it!

Do Not Fail To File Just Because You Think You Cannot Afford It

Even if one party controls the finances, the other party can still obtain money for the divorce. Once the divorce is filed, a spouse can request temporary orders from the court requiring the other spouse to pay temporary spousal support, child support, community bills, and/or interim attorney fees during the divorce process. The temporary orders can also determine living arrangements, schedule parental possession of children, prevent the sale or transfer of assets, and require a spouse to provide financial information to the other spouse. Some counties have standing orders which implement some of these terms as soon as the divorce is filed.  Accordingly, a spouse seeking a divorce should talk to a lawyer who is familiar with the local rules and orders in his or her county.

Courts Have Broad Powers To Intervene In Cases of Family Violence

A protective order can be issued by the divorce court if a divorce is pending, or it can be obtained independently if a divorce has not been filed. Protective orders are available to: (1) family members, whether or not they live together; (2) people who live in the same household, even if they are unrelated; or (3) people in a dating relationship. A protective order can restrict a party in a variety of ways, including but not limited to preventing a party from committing family violence; communicating with family members, household members, or the other party in a dating relationship; going near a residence or place of employment; and possessing a firearm. An ex parte protective order may even evict and exclude a party from a residence without a full evidentiary hearing on the matter.  The court may also order a party to attend counseling or a battering intervention and prevention program. Consequences for violating a protective order include fines, imprisonment for contempt, and even criminal penalties.

A final protective order is granted after notice to the other party and a hearing. If there is a clear and present danger of family violence, a court can grant an immediate temporary protective order without prior notice to the other party. A detailed description of the facts and circumstances concerning the alleged family violence and the need for the immediate protective order must be attached to the application, and the detailed description must be signed by the applicant under oath that the facts and circumstances contained in the application are true to his or her best knowledge and belief.  The temporary protective order is effective for 20 days, and will cover the period until a hearing can be held on extending the protective order. 

A self-help kit for victims of domestic violence is available at The kit was developed by a task force of experienced family law practitioners, judges, and prosecutors, and it includes detailed instructions for obtaining a protective order.

Restraining orders can also be a useful tool. A temporary restraining order can be granted ex parte if a party is committing unreasonable acts such as making vulgar telephone calls or threats. This temporary restraining order can also prevent the other party from removing or hiding property if there is no standing order in the county where the suit is filed.


Here are some family law attorneys located in Cherokee County. A few of them offer a free consultation should anyone be interested.

This one seems like a larger firm, with free consultation. They also practice "personal injury" law. I'm posting this because of Catherine's observed injury. If it was due to the neglegence of CoW, then suit is possible. 


Last edited by Aegonis3 (1/15/2014 9:11 pm)


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