Can You Get a Temporary Restraining Order During a Divorce?

Divorces are not easy. Everything is already breaking apart in your life, which somehow makes divorce both liberating and challenging. Not to mention, there is a lot of bickering, too. Knowingly and unknowingly, you may end up saying things you did not mean. It is all part and parcel of the divorce process. 

When things go overboard, and it gets overwhelming, getting a restraining order against the spouse does seem a viable option to go for. If you are from Southern California and you think you need to file a restraining order, you definitely can hit up your San Bernardino divorce lawyer and have them file one for you. This article will provide you some of how you can get a restraining order during a divorce. 

 

Does the Law Allow Filing Restraining Orders? 

First off, you need to know that there are various types of restraining orders. The primary concept behind restraining orders is to protect the victim and get them maximum protection from their ex. 

Many people are in toxic relationships where there is hitting and abuse involved. Well, most restraining orders are issued in such cases. In abusive relationships, there are power dynamics, and one of the partners is always a victim. So, the law allows spouses, with the help of a law firm like petersmay.com, to file a restraining order against their abusers during a divorce.

 

What Are the Different Types of Restraining Orders?

Violence is wrong, but it is there in many relationships. When an act of domestic violence and abuse occurs, the court can be made aware of the situation and requested from a restraining order against the abusers. But how will you know what category you fall in?

So, the different types of restraining orders are as follows:

Emergency Restraining Order 

As the title of this order explains, this restraining order can be filed during an emergency. In case the abuse goes overboard, the Police can issue one for you. Moreover, these types of orders are usually issued by the Police. However, these orders typically last for a week at the max.

Domestic Violence Restraining Order

This type of restraining order is separate from your divorce process. In this case, an act of domestic violence has taken place, and the issue is taken to court. The court arranges the hearing, and the judge decides if you need to file a Domestic Violence Restraining Order or DVRO. 


Temporary Restraining Order

When the relationship is no longer working, and the couple has already filed for divorce, they tend to live away from each other; they do not find it feasible living together anymore. 

So, during the process, you can file for a temporary restraining order or TRO. TRO does not need to know your domestic violence history. Moreover, TRO is explicitly designed for couples going through the process of divorce. 

 

How Can You Do It? 

So, before you talk to anyone about your decision to get a TRO, it is best to speak an attorney so that your case is handled in a better way. An attorney can help you to process an intervention order melbourne (or elsewhere depending on where you live), ensuring the order is legally watertight should your partner break the conditions. This also helps to reduce problems later on.

While it may seem different and odd to file a restraining order against a spouse with no domestic violence history, know that the TRO is made for people in your situation. You never know what might await, so it is always better to keep your distance even if your partner has no history of abuse and violence. 

 

 

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