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How does a temporary restraining order affect your divorce?

On Behalf of | Jul 16, 2022 | Family Law

Tensions can run high during a divorce, especially if your marriage has a history of hostility. You might feel that you need to protect yourself with a restraining order after filing for divorce, and a temporary restraining order is the most common type in such a circumstance.

While an amicable divorce likely does not call for a restraining order, it may be necessary in a particularly contentious divorce case.  By understanding the implications of a temporary restraining order, you will be able to decide if it is necessary for your situation.

What is a temporary restraining order?

While a protective order is necessary if your relationship has a history of domestic violence, a temporary restraining order serves to protect you from indirect forms of retaliation. For example, you might request this type of order if you expect that your spouse will respond to your divorce by destroying your possessions or emptying your bank accounts. As the name implies, a temporary restraining order only stays in effect until the end of your divorce case.

How does a temporary restraining order affect divorce proceedings?

Filing for a restraining order can give you the initiative in important matters, such as ensuring that an abusive spouse does not get custody of your child. Otherwise, a temporary restraining order does not have any other direct effect on the outcome of a divorce. However, you should put these protective measures in place as soon as possible so as to better protect yourself and your assets.

If you anticipate further retaliatory action, it may be necessary to request a long-term protective order after your divorce settlement. A temporary restraining order does not offer any protection beyond the resolution of your case.