Making the decision to move forward with a divorce can be an emotional rollercoaster but going through a divorce while having a temporary restraining order or getting one issued against your spouse ranks worse than a typical divorce, in our opinion. When a temporary restraining order is put into place by a judge during a divorce proceeding, it tells both parties what they can and cannot do while they are still in the middle of an active divorce. Not only do they set the rules for you and your spouse but through the use of these orders they also decide how your case will move through the court system.
Different Temporary Restraining Orders
A lawyer, like a domestic violence lawyer, knows that in most cases, a judge has three different options to issue a temporary order. The first is an automatic temporary restraining order (ATRO), which is the most common in divorce cases. This specific court order consists of four different orders that automatically go into place and are binding for both parties in the divorce. When the spouse who files for separation submits the paperwork, they enter into the automatic temporary restraining order and the ATRO is bound to the other spouse when they are served with the papers. The orders under this temporary order are meant to establish a “norm” and once again provide the two people a summary of actions they are not permitted to take that could potentially hurt any children or assets during the process. Furthermore, ATROs let spouses be aware that they are restrained from transferring, concealing, encumbering, or in any way disposing of any personal or community real estate property without the other spouse’s written consent. Automatic orders stay in effect until the court changes them, the case is dismissed, or there is a final decision on the divorce case.
Physical Contact And Communication
The next type of restraining order that can be issued in your divorce case is a temporary restraining order regarding physical contact or communication (TRO). After a TRO has been served in a proceeding, these orders can prohibit you from taking money out of your significant other’s bank accounts. If issued, they can restrict you from returning home, seeing your soon-to-be-ex, and children. To keep things civil, TROs are often meant to prevent any kind of emotional, physical, or financial retaliation. If the party served with the TRO breaks the order, they can be held accountable by criminal penalties.
Domestic Violence Protection Order
The final type of temporary order that can be issued in a divorce case is a domestic violence protective order (DVPO). Out of all three orders that can be issued, a domestic violence order is the most serious and the most restrictive. Depending on the state you live in, you may be eligible to be granted a DVPO in the middle of a divorce case if your spouse has either hurt you or has threatened to use violence against you and if you believe they can kill you. Under the conditions of these protection orders, the spouse is banned from contacting their spouse, children, and returning home.
The Effects Of A Restraining Order On Divorce Proceedings
The purpose of restraining orders is to limit communication or cease it from happening between the two individuals involved, even though we all understand to prevent a divorce case from further complications communication is needed to address financial and study concerns. Attorneys, like those at Brandy Austin Law Firm, know that as a result of ATROs, TROS, and DVOPs, many times attorneys are involved to help facilitate negotiations and for safety reasons traditional in-person mediation techniques are not an option. To help uphold the court orders and any safety issues that might be in question, shuttle diplomacy is used, which is a mediation method when two people are not in the same room. Using this technique, instead of spouses communicating with each other directly, a trained mediator travels between both parties to negotiate on each person’s behalf. Courts, judges, attorneys, and mediators are a part of the divorce process and play an extra special role in the process when adhering to court wishes to help protect everyone involved. When you need help through a turbulent divorce, speak with a local law office for compassionate help.