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Navigating divorce and restraining orders

On Behalf of | Mar 28, 2024 | Domestic Violence |

Divorce marks a significant change in a person’s life, often accompanied by emotional and sometimes physical conflicts.

In cases where safety becomes a concern, one might consider a restraining order. This measure protects individuals by preventing the other party from making contact.

Understanding restraining orders

A restraining order, also known as a protective order, is a legal document issued by a court to protect individuals from harm and harassment. The order restricts the person named from approaching or contacting the person who requested the order. It can also set specific limits, like staying away from the petitioner’s home, workplace or other places frequented.

When to consider a restraining order in a divorce

Considering a restraining order becomes necessary when there is a threat of harm, stalking, harassment or abuse. Situations that involve threats to one’s safety or their children’s safety require immediate action. These measures serve to prevent potential harm and ensure the well-being of those at risk.

Types of restraining orders

There are several types of restraining orders, each serving different purposes. Emergency protective orders provide immediate protection but last only a short time, usually a week. Temporary restraining orders last a bit longer, often until a full court hearing takes place. Permanent restraining orders, issued after a court hearing, can last for years, providing long-term protection.

The impact on divorce proceedings

A restraining order can significantly impact divorce proceedings, especially regarding custody and visitation rights. Courts take these orders into consideration when determining what arrangements serve the best interests of any children involved. Ensuring safety becomes a priority, possibly affecting the outcome of these decisions.

How to proceed

If you are facing a situation that may require a restraining order during a divorce, it is important to gather evidence of the threats or harm. Documentation, such as messages, emails or witness statements, can support the request for protection.

Next, filing a petition at a local courthouse starts the legal process. The court then reviews the evidence and decides on the necessity of a restraining order.

Understanding restraining orders can help navigate difficult situations during divorce proceedings.


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