Many people subjected to abuse by an intimate partner cannot meaningfully benefit from a protective order if the litigation does not address their immediate financial and housing needs. For this reason, attorneys should, when applicable, always plan to address child support, spousal support, and housing at the hearing on a protective order. However, once a petitioner has requested child or spousal support1 in her petition for protection from abuse, she must be prepared to prove those claims, in addition to proving the abuse. The accelerated timeline for a protective-order case will require that evidence gathering proceed as quickly as possible, to ensure appropriate evidentiary support.
- 1A request for spousal support pursuant to a DAAA petition does not require the filing of a petition for divorce. In many cases a spousal support obligation may be longer under the DAAA than it would be pursuant to a divorce petition.