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When should you file for a restraining order in a divorce?

On Behalf of | Dec 21, 2016 | Family Law

Sadly, restraining orders are sometimes necessary for divorces. Divorces are complex legal matters that intersect with every aspect of peoples’ lives, financial, emotional, religious, and familial. It is very common that these issues can overwhelm a person and lead to unacceptable behavior. This post will go over that behavior and what you can do about it.

Usually, this behavior manifests itself as harassment or domestic violence. Sometimes partners, especially if you are living together, will utilize any means to prevent you from pursuing a divorce, even intimidation.

If you believe that filing for divorce or during your divorce that you have a reasonable fear that you ex-spouse will harm you or your family, you can file for a civil restraining order. If it is a domestic violence concern and the police were involved, you can sometimes as the police or prosecutor to file a criminal restraining order on your behalf.

Restraining orders prohibit certain types of behavior, usually contact. The presence of a restraining order means that you have legal recourse should your ex-spouse violate the order. You can sometimes ask for damages or even that your ex-spouse get arrested for violating the order. If your ex-spouse violates the order, the first thing you should do is contact the police. Don’t try to enforce the order yourself, rely on the police because it also establishes a paper trail of known behavior.

If you are involved in a complicated divorce dispute, then you may want to contact an attorney. You can always use the assistance of a lawyer, even if your divorce is already underway. A lawyer can help you, as stated above, file for a restraining order to protect you and your family. You don’t need to go through a contentious divorce alone; a lawyer can help you through the process.


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