Considerations Regarding Divorce and Restraining Orders

Just because your marriage didn't work out the way you had imagined, doesn't necessarily mean that things have to turn ugly. Often, in fact usually; both parties realize they are heading down the path to divorce and things eventually get settled so that everyone can move on with their lives. However; there are cases where things go not just from bad to worse, but to downright horrible and potentially dangerous. It is then that you must consider a restraining order to protect yourself. Knowing what that involves is essential.

What is a Restraining Order?

A restraining order, or what is also known as an order of protection is one form of a legal order. This injunction requires the individual named to do or to cease from doing a particular activity or acts. If there is noncompliance with the order it is possible that they will face criminal or civil consequences, which may include accepting sanctions or paying damages. In addition, violations may be deemed a serious criminal offence which can result in an arrest and possible jail time.

Who is Covered?

In the state of California restraining orders are issued in order to protect individuals from being physically or even emotionally harmed. The person who obtains the order is legally known as the protected person and the person who has the order filed against them is called the restrained person. Sometimes a restraining order may include other people, such as such as the family or other household members of the protected person.

What Does a Restraining Order Do?

In general, a restraining order covers personal conduct and orders the restrained individual to cease certain acts against the individuals listed as protected persons. This may mean that the restrained person will not be able to go to certain locations or may be banned from engaging in certain activities. Such activities may include:

Communication of any type, such as phone calls, text messages, letters, and email messages. It may also cover having someone else deliver messages on behalf of the restrained person, in person or by the other methods listed above. Stalking or threatening is also covered, as well as harassing. Physical attacks include causing any physical harm, sexual assault or abuse of any kind. The destruction of any personal property is also included by a restraining order.

Other requirements to the restrained person may be to stay a specific distance away from the protected person or persons and his or her residence. This may also include their vehicle, workplace, children's schools or child care facilities, and other places where the protected person is known to frequent, such as a relative's home.

If things have taken a dangerous turn in your divorce, you will need a family law attorney to draw up your restraining order paperwork as soon as possible. Do not wait, it may turn out to be too late.