Four Reasons To Consider A Temporary Restraining Order During Your Divorce
While divorce can be an unpleasant situation for many couples, it can be extremely difficult for some. Spouses may threaten violence or to take the children out of state, and there can be other contentious situations that require legal intervention. One option is to take out a temporary restraining order through the courts to protect yourself and your family. If you are concerned about the actions your spouse might take during your divorce, consider the following reasons to take out a temporary restraining order.
Protection of Financial Assets
In some cases, a threat against you during divorce proceedings can be monetary. If you and your spouse share bank accounts, he or she may be tempted to take all the money out of the accounts and leave you with nothing to live off of. You can request a temporary restraining order that instructs your spouse to refrain from emptying the accounts or blocking your access to the accounts. A judge will determine the validity of your claim before issuing a financial restraining order. In some states, restraining orders are automatic to protect both parties during a divorce. If you are a victim of domestic violence and you need access to the funds in your account to obtain a safe place to live during the divorce, consider contacting a domestic violence attorney. He or she can help protect the assets in your accounts so you are not stuck living in the home you shared with your spouse.
Protection of Children
Parents can sometimes be tempted to move their children out of state if they feel they won't get custody during the divorce. While there are kidnapping laws that protect you from having a spouse take your children in certain situations, you can get a temporary restraining order that instructs your spouse not to take your children outside of a set distance from their current home. This can deter your spouse from taking action, as he or she will receive an official legal order prohibiting the removal of your children from the area. If your children have been a victim of abuse at the hands of your spouse, you may want to consider additional steps toward protecting them. In some cases, a temporary restraining order can direct your spouse not to have contact with your children until custody can be determined and their safety can be assured.
Protection of Self
Statistics indicate that women are 500 more times at risk of violence from an abusive partner when they leave a relationship. This means that it is important to protect yourself during your divorce. A temporary restraining order is one tool you have at your disposal. A domestic violence attorney can help you obtain an order from the court to keep your spouse a certain distance from you at all times. The order might also include no contact via phone, email, or social media. Be sure to provide your lawyer with as much information as possible to bolster your case, including previous police reports and photos of previous injuries.
Even the happiest of couples can have difficult divorces. It's important to remember that your first goal should be to protect your family. Contact your attorney to determine if a temporary restraining order is appropriate in your case.