Divorce itself is not an easy process to go through. Then how to get a divorce with a restraining order is another major concern. As such cases can make the process even harder. Thanks to the restraining order, the accused spouse can no longer harass the victim spouse.
But that raises the question of how to get a divorce with a restraining order. Because usually you are more likely to meet for the divorce proceedings to discuss matters and make an agreement. Now, how could you do that by having a restraining order in place?
This article helps clear all your doubts regarding how to get a divorce with a restraining order, so read till the end!
A restraining order is a legal order by the court to protect a person from domestic violence, abuse, or harassment by ordering the accused to stay away from that person. This includes avoiding contacting, texting, sending e-mail, or visiting their usual places. If you experience domestic violence, abuse, or harassment by your spouse, you can get a restraining order (also called a protective order) against your spouse at any time.
Now, if you have a restraining order in place and file for divorce, how will you proceed to get a divorce? Keep reading to learn about it in detail!
How to get a divorce with a restraining order
In normal divorce cases, you can try on your own or even get the help of mediators (or attorneys) to negotiate or agree on the terms of getting a divorce, like child custody, child support, asset division, etc. But this won’t happen when a restraining order is in place. Because that doesn’t allow you to come into contact with each other. This actually makes the process somehow more complicated. You are no longer left with the option to resolve issues on your own. That means you need to get the help of an attorney to negotiate the divorce proceeding.
This means that having a restraining order while getting a divorce doesn’t mean that you can’t negotiate on the terms of getting a divorce. As you can’t, but your attorney can do that on your behalf.
Getting a divorce with a restraining order can significantly impact child custody, visitation rights, and even alimony, depending on the circumstances. Like, normally both spouses have the right to stay in the house until they get a divorce. But having a restraining order before getting a divorce can even make the accused spouse leave the house. In the same way, that restraining order can also impact the custody and visitation rights of the accused spouse.
How about a restraining order after the divorce?
When you get divorced with a restraining order, what will happen to the restraining order afterwards is another concern. Let me help you with this as well: a restraining order will remain the same even if you get divorced in most cases. Granting divorce doesn’t mean the termination of a restraining order, so that remains the same and valid until the specified date. Getting a divorce and getting a restraining order are actually two different matters.
Consequences of violating a restraining order
An order from the court, including a restraining order, is must to follow. If you don’t follow the order, that simply means violating a restraining order. And for that, you have to face serious consequences like a penalty, jail, criminal charges, etc. Every single time you violate the restraining order, it gets accounted for. And they charge you the consequences on that basis.
So make sure to obey the court’s orders, including a restraining order, not for others but for yourself.
Final words:
Getting a divorce with a restraining order is more complex as compared to normal divorce cases. But with the help of attorneys, you guys can negotiate the terms of the divorce settlement.
When talking about restraining orders after divorce, the terms of them will stay the same after getting a divorce, at least in most cases.
A restraining order is a legal notice from the court, so you have to follow the orders. Because violating a restraining order can cause serious consequences, such as a criminal charge or fine.
This is just general information. To get legal advice on that, consult an attorney. As they can help you better as per the state’s law and your circumstances.
