A relationship that ends in divorce can cause considerable stress to the family members. It becomes even more complicated when a significant strain in the relationship causes a spouse to insist on a restraining order.
What is a restraining order?
A restraining order is a court-issued order that protects someone from abuse, threats or harassment. There are many kinds of restraining orders depending on the situation and need of the victim, but for people navigating divorce, the common types include:
- A temporary restraining order (TRO) takes effect immediately when the victim files a restraining order application and offers protection until the hearing commences.
- A domestic violence restraining order (DVRO) protects a domestic partner from the abuser.
- A permanent restraining order (PRO) requires a hearing in court for it to take effect. It differs from a TRO only in the period it takes to implement.
- An emergency protective order (EPO) immediately takes effect when police encounter domestic violence between two people in the same house. This type of protection requires no court hearing or order and is actionable based on the observation of law enforcement.
The abuse may be physical, mental or emotional, and these are legally binding orders that the police enforce intending to help keep victims safe from their abuser.
How can a restraining order protect you?
Although the state has rules about inclusion involving a restraining order, specific situations can affect it. A restraining order can be used to:
- Prevent contact with the victim through phone calls, text messages, email or even snail mail.
- Create a temporary measure regarding custody.
- Keep properties and assets safe and prevent any sales from transpiring
- Require continuous payments of bills, insurance premiums and policies
- Produce financial records
A spouse can request a restraining order for civil behavior if the request is specific, warranted, and receives judicial approval. This list is not exhaustive; you may seek other reasons for needing a restraining order. Ensuring your safety is the top priority in this situation. Take the initiative to empower yourself through knowledge and legal support during this challenging time.
