Generally, a temporary restraining order issued at the outset of divorce, lasting initially for 14 days, is implemented for the purposes of protecting the rights and interests of a spouse in cases of domestic violence, and could be issued to protect one party financially, such as in cases of hiding assets, or running up further debt against the assets jointly owned by both individuals. In some cases, protective orders are necessary to protect an individual and their children from abuse or threats of violence. However, because an individual must be at least 14 years or older to get a restraining order, it is usually the parent who files the restraining order.
At times restraining orders and protective order use is abused for the purposes of gaining advantage in divorce proceedings and/or in smearing the name of one of the spouses, and efforts may need to be made in order to get the order removed. These various actions regarding restraining orders and protective orders can be carried out by seasoned divorce counsel. Restraining orders can be very effective ways to protect assets while the standard steps are taken in the divorce process.
Legal Representation and Restraining Orders
If you have concerns about protecting your share of mutually owned assets in divorce, and/or for your safety during the divorce process, we can provide experienced and effective legal guidance for you in this capacity. When a restraining order is carried out, the other person will not be able to go to certain places and may have to move out of his or her home. It may also affect that person's ability to see his or her children, and may affect his or her immigration status as well. Breaking the restraining order may result in jail time, fines or both.