During a divorce, it may be necessary to request a restraining order if you feel that you are in danger. Restraining orders if ordered by a judge can prevent the invidual from approaching, calling, texting, or being within a certain distance of you, or your children. If you are unsure if you qualify for a restraining order it is helpful to speak with a family law attorney.
To obtain a restraining order, it is necessary to show that you have been threatened, or that past abuse has occurred. In addition to a restraining order, a temporary restraining order can also be requested if the divorce orders are still pending. You may also want to consider speaking with a legal professional to be aware of all of your options.
It is important to note that, abuse can range from kicking, punching, choking, intimidation, or blocking someones path. If the other person is put in fear of harm, or violence this can be substancial for a restraining order. Ultimately, the decision will be made by the court. If you have documents, texts, phone calls, or other evidence it is helpful to show these in court. Furthermore, if there are any witnesses that can attest to the abuse that has occured, this will also help in obtaining a court ordered restraining order.
In a abusive relationship you must not only consider your safety, but the safety of your children. It is important to keep your childs best interests in mind. Regardless of how difficult it may be to report your spouse, you must keep your children in a safe and stable environment. For a free consultation please contact Yanez & Associates an Orange County Family Law Office.