Divorce can be a difficult and emotionally charged time for anyone, especially when there are concerns about personal safety or threats of harm. In some cases, getting a protective order, also known as a restraining order, can provide immediate protection and peace of mind. If you're experiencing domestic violence or fear for your safety during the divorce process, seeking a protective order might be a necessary step.
Before making any decisions, it’s important to assess your specific needs and risks. If you have already experienced any form of abuse, or if there’s a history of violence or intimidation, a protective order may be the most effective way to prevent further harm. If you’re unsure, it’s always a good idea to consult with an attorney to understand your options and rights.
What Is a Protective Order?
A protective order is a legal mechanism designed to protect someone from harm or harassment. It typically requires the person it’s issued against to stay away from the person requesting the order, not contact them, and sometimes not come near their home, workplace, or other specific locations. There are different types of protective orders, including emergency protective orders, temporary restraining orders, and permanent protective orders, each with varying durations and conditions.
Emergency protective orders can be obtained quickly, sometimes even without the abuser present. They are typically short-term and designed to provide immediate protection until a more thorough legal process can take place. A temporary restraining order (TRO) can last for a longer period, usually until a hearing takes place, where a judge will decide whether to extend the order. A permanent protective order can last for months or years, depending on the severity of the case and the laws in your jurisdiction.
When Should You Consider a Protective Order?
A protective order may be necessary if there are serious concerns about your safety or well-being during the divorce. It is particularly relevant in situations involving domestic violence, threats of harm, or any form of harassment. If your spouse has made threats of violence or has a history of abusive behavior, it is critical to take these warnings seriously.
Signs that you may need a protective order include:
- Physical violence or threats of violence
- Stalking or unwanted surveillance of your activities
- Threatening messages, phone calls, or communication
- Verbal or emotional abuse meant to intimidate or control
- Destruction of property or damage to personal belongings
If you are experiencing any of these behaviors, seeking a protective order could help ensure your safety and provide legal backing to prevent further harm.
A protective order can also help to establish clear boundaries, which is especially important if you need to navigate shared custody arrangements or other post-divorce matters. The order can protect you during the emotional and logistical difficulties of the divorce process.
How a Protective Order Can Help in Divorce
A protective order can serve multiple purposes during the divorce process. One of the key advantages is that it offers immediate protection from an abusive spouse. If you fear for your safety, having a legal document in place that demands your spouse stay away from you provides a sense of security. This can prevent any escalation of violence or intimidation tactics as you work through the details of the divorce.
Additionally, protective orders can address other concerns, such as preventing your spouse from making unwanted contact, following you, or interfering with your personal life. They can also affect divorce proceedings by influencing decisions regarding child custody and visitation rights, especially when there are concerns about safety.
It’s important to remember that a protective order can be a temporary solution, and while it can stop harmful behavior, it doesn't address all aspects of divorce, such as division of property or alimony. These issues may still require ongoing legal proceedings, but the protective order provides a necessary safeguard as you navigate this challenging time.
Contact Us to Learn More
If you’re considering getting a protective order during your divorce, our attorney at Kay Polk, Attorney at Law can provide personalized legal advice and services on this matter. We can assess your situation and advise you of the legal options available to you. Then, we can help you petition for a protective order.
Learn more during an initial consultation. Send us a message now to get started.
