Category Archives: Family Law

Divorce and Domestic Violence: Temporary Restraining Orders

Going through a divorce can be extremely difficult, especially if the reason behind such a decision involves emotional and physical abuse. According to the National Coalition Against Domestic Violence, an average number of about 20 people are physically abused by an intimate partner every minute in the United States. Even if a person manages to escape from a harmful situation, the legal process involved in severing ties with an abusive spouse can be arduous and lengthy. A solution to such a threatening scenario is obtaining a temporary restraining order while waiting for the divorce and all related legal issues to be settled in court.

A temporary restraining order or TRO is an order issued by a court preventing a person from being contacted, harassed, or stalked by their abuser. This order can be easily obtained by any individual facing some sort of threat or violence caused by another. While it is mostly applicable in domestic violence cases, a TRO can be granted even without a case pending in court. In some states, a TRO may also be called a temporary protective order or order of protection.

TROs become effective as soon as a judge signs it. The abuser is notified of the existence of the order and will then be restrained and prevented from attempting any sort of contact with the petitioner, as well as any of their children or family members. A TRO also extends to places that the petitioner frequents. Aside from their home, the abusive spouse will not be allowed to come near the petitioner’s workplace and their children’s educational facilities. Violations of these clauses could lead to imprisonment, as well as tighter regulations and requirements against the abuser.

Domestic violence victims going through a difficult divorce can turn to the law and seek out protection through a temporary restraining order. Because dealing with this additional legal conundrum can complicate the divorce process even more, it would be better to consult with a qualified family law attorney for more information. As it says on the website of Arenson Law Group, PC, divorce and domestic violence involve many complexities that are best resolved with appropriate legal counsel. Without a highly skilled lawyer, this cases can take longer and go into further complications.

Read More