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October 20, 2017

Restraining Orders in Divorce

Posted in Uncategorized

Restraining Orders in Divorce and Family Law

In many divorce and family law courts, the judge will issue a standing restraining order with common language, at the beginning of all new cases. These orders are known by different names in different places but are similarly used to preserve the status quo and not cause harm to any person or property. Parties to a divorce or family law action are ordered not to harass the other spouse, talk badly about them in front of children, take the children away, spend money outside the normal course, sell or buy assets.

 Where there is no automatic order, or the parties want to use a custom order, the parties can negotiate a mutual restraining order, giving one another assurances. If there is no automatic or agreed mutual restraining order, a party can seek a temporary restraining order from the court for a specific purpose. Restraining orders can be issued for varied lengths of time depending on the need and circumstances. A family lawyer relies on for advice can help clients more thoroughly understand restraining orders.


To preserve assets and property

Using the example of hidden assets, one spouse may become aware of cash and bonds in a safe deposit box at a bank. Concerned the other may take and hide the box contents, you could ask a judge to enter a restraining order and send a copy to the bank to limit access to the box.

In another example, a judge can be asked to enter a restraining order preventing someone from selling property or assets in a business. Likewise, major purchases and new contractual obligations can be barred by court order. 

Protecting domestic violence victims

Family violence victims can get protective orders with the penalty of arrest and jail time if the other violates a no-stalking order. Orders of protection can contain standard preventative language and can be custom written for specific situations.


Restrain a person from conduct towards children 

During a case involving children, the courts often use standard orders telling the parties that they cannot move the children and generally disrupt their lives during the divorce. Once the court makes a temporary custody determination, its order will likely require the parents to keep the status quo in the lives of the children so the divorce creates the minimum amount of disruption.


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