PROTECTIVE ORDERS

The oftentimes gruesome divorce process can bring out the worse in people. Divorce can make person violent, abusive or emotionally threatening. If you are filing for divorce against your spouse who is manifesting forms of violence and harassment, you have the right and the option to file for a protective order.

A protective order is a court-issued order that restrains or directs the offending party from performing certain behavior. For instance, your spouse suddenly turned violent because of the divorce petition, and you find his/her actions threatening and harassing, a protective order may be issued to keep your spouse from doing these things. The protective order can keep the other party from coming near you, near your place of residence, near your workplace and even near your vehicle.

Protective Order and History of Domestic Abuse
There is no need for history of domestic abuse for a protective order to be assigned. Some non-violent people may suddenly become abusive at the onset of divorce, thus justifying the need for a protective order. The protective order has no bearing on the divorce process and does not make it the person’s criminal records. It only orders a person to stay away from the complainant from within a certain distance and in a specified period of time.

Once a protective order is signed and the offending party is informed that a protective order has been filed against him, the order takes effect. In the event that the offending party ignores the order and continues to come near, harass or stalk the victim, the police may be called to intervene and the offending party may be put to jail.

Effects of Protective Order to the Divorce Petition
The protective order will not alter the divorce process but can weight significantly when it comes to child custody, visitation and division of property. For instance, an abused wife may cite the details and instances wherein her husband has become violent to her in front of their children. The court may favor the wife for child custody while a protective order may be issued against her husband.

Furthermore, the abused wife may get the most share of the couple’s property during the divorce proceedings. She may stay in their home with her children while the husband is not allowed to go near them.

Lastly, the protective order also affects the visitation arrangements of the divorcing couple. Since the order dictates that the offending party must not go near the complainant, he cannot directly fetch or deliver their children to her home during the visitation. Instead, the couple may agree to use a friend or relative’s home as the pick-up and drop off point. Alternatively, child custody exchange service may be used to ensure that all parties are protected and are abiding the law during visitations.

When You File for a Protective Order
A protective order is sometimes necessary so you can have peace of mind and sleep better at night while the divorce is on process. If you feel that your current spouse (former ones, included) is harassing, stalking, abusing, or may become violent, getting a protective order is a sound idea.

At Rauseolaw, we have decades of experience of dealing with protective orders. We’d like to help you go through the divorce process and make it as stress free as possible for you. Talk to us should you see the need for a protective order and we will secure all the necessary steps to ensure that you and your children are protected as you go through this season in your life.