In many circumstances involving domestic violence it is possible to obtain a court order without the typical notice requirements. You may be able to obtain an order that will provide you with possession of the marital residence, automobile, and temporary custody of your children; the order may also provide that your spouse must stay away from you and the children.
If your spouse violates such an order he or she will be arrested. Domestic violence orders are available in certain circumstances when the parties are related as follows:
- are current or former spouses;
- are persons who live together or have lived together;
- are related as parents and children or as grandparents and grandchildren unless the child or grandchild is under the age of 16;
- have a child in common;
- are current or former household members;
- or are persons of the opposite sex who are in a dating relationship or have been in a dating relationship.
The person must attempt to cause bodily injury, or intentionally cause bodily injury or places you in fear of imminent serious bodily injury by the threat of force.
