Chris and Mary are married, but Chris has recently moved out of the family residence and intends to file for a divorce. The parties have one eight year-old son named Max. Chris seeks your advice as to whether he should obtain an order of protection against Mary. He claims that one of the reasons he left the family residence is that Mary was constantly yelling at him for what he considered to be small things such as leaving dishes in the sink or socks on the floor. When she would yell he often would try to retreat to the bedroom, but she would often come after him and continue yelling until he would lock the door. Eventually, she would calm down, but he always feared that one day she would cause physical harm to him. Some of these incidents also took place in the presence of the child, but Chris indicates that he has never witnessed Mary physically harm the child. However, Chris has witnessed Mary unnecessarily raise her voice to Max on multiple occasions, but he is unable to recall specific dates or circumstances.

Assume protective orders are available for acts of domestic violence that include physical assault, such as hitting or kicking; threatening words or conduct; and intimidation. What arguments would you make on behalf of Chris to obtain an order of protection? Would you recommend that Chris attempt to include Max as a protected person on the Order of Protection based on the facts given and the upcoming divorce action?

If Chris obtained an Order of Protection and Mary requested a hearing to contest it, what is the likelihood that the Court would uphold the Order of Protection? Assume that the evidentiary standard is "preponderance of the evidence." Would the analysis differ Chris was 6'5, 280 pounds and Mary was 5'1, 110 pounds? Would the analysis differ if Chris had an audio recording of Mary yelling obscenities at him during one of the incidents? What if both parties were yelling obscenities in the audio recording?

Finally, if Chris obtained an Order of Protection against Mary and it was upheld after an evidentiary hearing, how would this impact the divorce case with respect to legal decision-making and parenting time?

Answer rating: 100% (QA)

In advocating for Chris to obtain an order of protection against Mary several arguments can be made based on the facts provided Firstly Chris can argu... View the full answer