A restraining order, also known as the protective order is a document that prevents someone from accessing you. Some of the reasons why you should get a restraining order include:
Physical abuse: If your partner has abused you or threatened to abuse you physically you can get a restraining order that will not only prevent them from accessing you, but also require them to move out of the house.
Psychological abuse: You don’t have to be abused physically to get a protective order. Even if you are abused emotionally the court can give you protection.
Destruction of assets: It’s common for divorcing couples to move out with assets. Others tend to destroy the assets. If you have proof that your estranged spouse is in the process of destroying your property, the court can give you a restraining order. All you need to do is work with your divorce lawyer who will help you in filing for it and even represent you in court if need be.
Types of restraining orders
Depending on your situation there are many types of restraining orders that you can go for. The most common are:
Emergency protective restraining order: This one is given in emergency situations where you feel that you are at the risk of imminent danger. The danger can be child abduction, abuse, or any other. All you need to do is contact the law enforcement authorities and request the order. When making the application you should note that the order lasts for 5 days.
Domestic violence temporary restraining order: It lasts for 3 weeks but it can be extended up to 1-3 years if necessary. This is the most common restraining order as abuse is more common in people living under the same roof. As the victim, you should get your divorce attorney who will guide you through the process and help you get the order as fast as possible. This order is given to divorcees, married couples, dating or formerly dating couples, domestic partners, couples sharing a child, and couples that lived together or formerly lived together. You should note that you can’t be given a restraining order if you are living as roommates.
Conclusion
This is what you need to know about restraining orders. While you can go to court and get the order, it’s always recommended that you work with your family lawyer who will not only help you in getting the order fast, but also help you in filing for assault charges if need be.