Delaware PFA Attorneys
Being married to, or in a relationship with someone should be a pleasant experience. As this is not always the case, sometimes couples need time apart to sort through things. Normally, one party respects the wishes of the other and affords them their space. Sometimes, unfortunately, a situation can turn violent. If someone fears for their safety Delaware law allows for a restraining order to be issued by a judge after complaints of physical abuse are made or evidence of physical abuse is provided.
In the state of Delaware this order is called a Protection From Abuse order, or PFA. The reports of abuse or injury can be made by the victim or a family member. At the law office of Carucci & Butler in Wilmington, Delaware, we can help you with either having a PFA implemented. Or, we can assist in your defense against a PFA. Our office number is 302-654-5083.
Protection From Abuse
In Delaware, as in other states, there are two types of Protective Orders:
1. Emergency Protective Orders
2. Permanent Protective Orders
Defending a PFA
A PFA is not always used as it is intended by the law. Sometimes a scorned partner, husband or wife may use a PFA as a means to hurt or embarrass the alleged abuser. They can also be misused as leverage, or used in an attempt to defame the alleged abuser in court. Temporary PFA’s can be abused, giving the person who files exclusive rights to the family home, automobiles and assets. Temporary custody and child support can be the result of a manipulated temporary PFA.
It is not uncommon in a situation such as this for the abused partner or spouse to claim spousal abuse, endangerment or neglect of the children or PFA violation. In this instance you must answer before the court. It may make sense to seek the expertise of a skilled PFA defense lawyer to properly navigate through the legal process. They should be able to explain options you have, such as having the original order modified or vacated.
Contact a Delaware PFA Attorney
If you have been experiencing any sort of domestic violence issues please contact the law office of Carucci & Butler at 302-654-5083. We will help you any way we can by assisting in legal matters, and helping you to get the help you need no matter what side of the PFA fence you are on.
