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How a restraining order might affect your divorce

On Behalf of | Oct 31, 2023 | Firm News

Experiencing marital problems can change a person. As hostility and resentment build, you might resort to violent words or actions you didn’t know were in you. Due to the emotionally charged nature of divorce, your spouse may choose to seek protection through a restraining order. However, a restraining order can complicate divorce proceedings for everyone involved.

The role of restraining orders in divorce

An active restraining limits communication between the divorcing parties. You may be unable to discuss important matters such as property division, child custody and spousal support without the presence of an attorney or a mediator. Being unable to share the same location with your spouse may also necessitate additional time and effort to resolve even the most minor issues.

Although this is not the intention, a restraining order may influence the divorce settlement in favor of the alleged victim.

Depending on the circumstances, the alleged victim may be granted temporary possession of the home while the divorce is ongoing and be awarded it as part of the property division eventually. A history of domestic violence throughout the marriage may also influence the judge’s decision on alimony.

If you have children, the judge will make a ruling for their benefit. They often refuse to award an allegedly abusive spouse any visiting or custody rights if a restraining order has been issued.

A family law attorney can help if you are subject to a restraining order

Given the stigma surrounding domestic violence, having a restraining order means you have to fight harder to protect your rights. The situation can be deeply distressing as you may not be able to visit your marital home or see your children.

Moreover, it is easy to inadvertently violate an order, be it through contact with the protected individual or straying too close to a child’s school. Such a violation constitutes a criminal offense and can result in jail time.

This is a difficult journey to go through alone. Any missteps along the way could cast you in a negative light. While restraining orders are not uncommon in divorce proceedings, having an experienced family law attorney by your side could influence the outcome of your case.