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Baton Rouge Family Law Log

Understanding what a restraining order protects you from

If you are involved in a relationship where you are the victim of domestic violence, abuse or threats, you may have considered filing for a restraining order against your perpetrator. While a restraining order can be effective in protecting you, and keeping you safe from unwanted attention, it is imperative that you fully understand its purpose for optimal effectiveness. At Gregory S. Johnson, Attorney at Law, we are experienced in helping people in Louisiana understand the function of restraining and protective orders. 

According to Live About, there are several things that could happen as the result of you filing for a restraining order. These include the following:

  • Abuser relocation: If you share a residence with the person who is abusing you or your family, a court order will often require that individual to relocate. This recommendation stands even if the abuser is the owner of the shared property.
  • Abuser intervention and counseling: Court orders often require your abuser to undergo some type of counseling, intervention or educational training to help him or her overcome dangerous behavioral flaws. 
  • No-contact orders: You have the power to request no-contact with your abuser in a physical setting and via phone or internet. This protective coverage can be extended to protect other members of your family if you feel that they too are at risk of endangerment by your abuser.
  • Law enforcement escort: Court-approved restraining orders may also require your abuser to be escorted by authorities if he or she needs to retrieve property from your shared residence, business or other destination.

Alleged domestic abuse results in Louisiana man's arrest

Familial conflict is expected in any family and is often resolved without any major relationship disruptions. However, there are an increasing number of incidents where family contention is the root cause of serious domestic conflict. In unfortunate circumstances, these serious incidents often result in the injury or death of certain family members while the perpetrator ends up behind bars. 

In a recent incident in New Orleans, a man was arrested after witnesses reported that he was involved in a domestic dispute. After examining evidence and witness reports, authorities booked the man into jail on allegations of domestic abuse. Ironically, the man is a law enforcement officer with the state of Louisiana and has been for over 10 years. An attorney representing the man expressed confidence that his reputation would be remedied and he would be cleared of pending charges following a thorough investigation into the allegations. Shortly after being booked into jail on a $350 bond, the man posted bail and was released until an upcoming court date. The condition of any victims is currently unknown as authorities declined to share details about the case with the public. It was also unknown the relationship between the man and any of his victims.

What are some common causes for divorce?

When you think of divorce, one of the first things that may come to mind is fidelity issues. Sadly, many people in the Baton Rouge area fall head over heels in love with their partners and marry them, only to end up filing for divorce. There are many reasons they cannot honor their marriage vows. According to the Centers for Disease Control and Prevention, for every 1,000 married couples, 3.2 percent of them separate and divorce

The future is not always certain. You cannot predict the chances of your relationship ending. However, you can educate yourself on common reasons why many marriages end in divorce so you can take measures to avoid them. 

What does a divorce mean for the size of your family?

Louisiana readers may know many American marriages end in divorce, and as a result, many families are now quite expansive, thanks to remarriage. In fact, because of divorce and remarriage, some family trees are now quite complex, and parents may find it more important than ever to have strong and workable custody plans.

American families may be more complicated than ever before, but it is possible to make even the most complex of arrangements work smoothly. To make this happen, it is essential to work diligently for a custody arrangement and parenting plan that allows for your family to have a strong future, even long after divorce and remarriage.

Can you make joint custody a positive experience for your child?

Your decision to divorce your spouse was probably not made without a lot of thought, anticipation and questioning. As you may know, the process of divorce in Louisiana requires time and careful attention to create a beneficial outcome for both you and your ex. However, this process may be increasingly difficult if you and your spouse have had a child together. Fortunately, by remembering and implementing some valuable suggestions, you can create a joint custody experience that is positive and rewarding for everyone involved. 

While you may be tempted to allow your disappointment, sadness and even bitterness to define how you will treat your ex, responding defensively and without humility can quickly create contention and stress for your child. According to parents.com, here are some things you can do to turn joint custody into a successful co-parenting experience:

Protecting children during the process of divorce

For many Louisiana couples, divorce is a final alternative to other methods of resolving marital conflict. While it may be an effective tool to regain peace, and end an unproductive relationship, it can also be time consuming, expensive and emotionally exhausting. Unfortunately, in situations where a couple has had children together, getting a divorce can be an even bigger challenge as children are stuck in the middle and left trying to piece together their new normal. 

According to kidshealth.org, parents can effectively help their children cope with the stresses of their divorce by doing the following:

  • Prioritizing positive involvement and making time for their children.
  • Limiting disagreements, contention and conflict to times when their children are not present.
  • Keeping the schedules of their children as consistent and stable as possible.

Can I have my alimony payments reduced?

Alimony is a common issue that comes up in divorce cases in the Baton Rouge area. Many people come into our Gregory S. Johnson, Attorney at Law office believing their alimony payments cannot be adjusted. There are many reasons why a person may want to have their alimony payments reduced. 

According to FindLaw, alimony awards are eligible for reduction when one of the following five events occur: 

  •        Remarriage
  •        Death
  •        Loss of employment
  •        Serious illness or disability
  •        Cohabitation with new partner 

How can the word divorce damage my marriage?

Every couple in the Baton Rouge area has arguments and goes through times where they do not agree or see eye-to-eye on things. They may even have harsh words and phrases they exchange among themselves. However, couples who use the word divorce during their disagreements can cause more harm than good to their relationships, states The Spruce. Divorce is a touchy subject that should not be mentioned unless the person who uses it is ready to go through it. 

If you often feel that your relationship is over and headed for divorce, you should not voice that concern until you are sure. The next time you find yourself embroiled in an argument with your spouse, consider the following things about using the divorce word carelessly. 

My ex-partner is violating our child custody order; what do I do?

Many parents in Louisiana are not aware that although they are no longer together, they are forever connected through their kids. Failed relationships and divorce do not excuse them from following the law. No matter how much they may not agree with their child custody agreements, they are legally binding. Failure to follow them can result in legal complications and the loss of visitation rights. 

Parents must understand that the courts try to award custody to the parent that is in a better position to meet the best interests of their children. The judges use many factors to arrive at their decisions. Sometimes parents do not agree with the order of the court and resort to taking things into their own hands by withholding their kids from their other parents. Individuals who intentionally violate child custody orders are possibly committing a crime but are most likely in contempt of court. If you are in a situation where your ex-partner is not honoring their end of the custody order, here are some things you can do. 

Parental alienation may bring lifelong struggles

Your marriage may have started off rocky, or it may have grown contentious as the years passed. Wherever on the spectrum your circumstance falls, since your divorce, you may feel that the only good thing that came out of your marriage was your children. However, even this part of your life is having more bad days than good ones.

In some ways, it may be natural for children to feel some resentment, confusion and anger following a divorce, but if you are noticing some especially hostile behavior, you may be dealing with something more sinister.

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