Restraining Order

Restraining Order

No one ever sets out in marriage expecting to go through a divorce and that is what makes it so hard to go through it when the marriage ends. Divorce is a legal but also very emotional process and during these proceedings, many heightened emotions may lead to a difficult time for the splitting couple. Sometimes, it may reach a point where a spouse may need a restraining order.

Restraining Order

What Does a Restraining Order Do

A restraining order gives detailed descriptions of the kind of contact that your spouse can make with you. The restraining order can fall into three categories.

  • Personal conduct order: this order controls the specific acts of the restrained spouse such as calling, texting, emailing or contacting you in any way. They are not allowed to stalk you, threaten you, harass you, destroy personal property or destroy your peace. If they fail to follow these orders, you can call the police.
  • Stay away order: stay away orders require the restrained spouse to maintain a certain distance from you, your place of work, car, home and any other important place that you go. The stay away order will give a specific distance such as 50 of 100 yards.
  • Residence exclusion order: if you live together, the restraining order can also require the individual to move out with only their personal belongings until the divorce procedure is over.
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Temporary Restraining Order

At Zapicchi&Liller , we try our best to ensure that the divorce process is transitional and smooth all the way to the final split. Sometimes, it may take a restraining order to get away from your ex so you can get a clear mind to move on. A restraining order, can protect you from harassment, physical abuse and stalking which are quite common during divorce proceedings.

The temporary restraining order will require your ex to maintain a certain status until the divorce proceedings are complete. This will allow you to carry on with the proceedings amicably in order to avoid causing any more emotional damage.

What Does a Restraining Order Do

Divorce Harassment

Divorce harassment is a very common occurrence for partners undergoing the separation process. Sometimes it is harmless, simply resulting from hurt feelings and it can be easy to ignore. However, when it comes to a point where you feel unsafe and disturbed, you should consider getting a restraining order. If you feel that you or your children are under threat in anyway, you can petition the court for a restraining order.

Restraining Order in a Divorce

In order to petition the court for a restraining order during the court, you need to have enough evidence to show the court that your spouse has inflicted physical fear of harm or actually harmed you. Even one act of physical violence or sexual assault can act as evidence of harassment to petition the court. If you have any text messages sent to your phone, emails or witness accounts, we can help you create a case against your spouse and get a restraining order.

Temporary Restraining Order

Divorce Order of Protection

The Divorce order of protection is quite similar to temporary restraining order. It frequently applies during divorce proceedings and expires after a certain period. The order of protection protects family members and spouses from threats and assault. The divorce order of protection does not affect your divorce proceedings in any way; however, you can use it as evidence against your spouse in custody battles and so on.

The order of protection limits the type of contact between you and your former spouse. If they violate these limits, you can to call the police.

Contact Us

Do not suffer in silence when you feel your safety is at risk. Zapicchi&Liller routinely handle divorce cases and we have a lot of experience in handling divorce orders of protection. Contact us today and we will help you through this tough time.

Divorce Harassment
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