What remedies are available for relief from domestic violence?

Through an ex parte order, an order upon motion and hearing, or a final order, the court may approve any of the remedies listed in the statute. These remedies include:

  • giving the aggrieved party possession of the residence and excluding the other spouse from the household
  • evicting the party and assisting the aggrieved party in returning to the home
  • requiring a party to provide alternate housing.

In addition, support payments for the children and/or the spouse can be ordered as can attorney’s fees. The order may also provide for possession of personal property. As already discussed elsewhere, the court may award temporary child custody as well as provide for visitation, although many judges refuse to include custody awards as part of the relief in a domestic violence case.

Finally, the court may order the party to refrain form the violent acts or to cease harassing or interfering with the other.

In addition, there is a catch-all provision in the Act which allows the court to “grant any protective order or approve any consent agreement to bring about a cessation of acts of domestic violence.” The language with its breadth may in fact provide for the structuring of alternative remedies.

Furthermore, section 50B-7 states that the remedies provided by the Act are not exclusive and are in addition to other statutory remedies.


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