During a divorce, emotions can flare. Divorces are often filled with drama, anger, and uncertainty. In some cases, a legal instrument called a restraining order may be called for. Restraining orders, sometimes referred to as “protective orders”, are issued by the court and serve to protect someone from harassment, abuse, stalking, or threats by someone else. In some cases, the protective order may also include family members like children.
Restraining Orders in Simple Terms
There are three major types of restraining orders as issued by courts. These are:
Stay-Away Orders: this is the type of restraining order that most people are familiar with. In these orders, the restrained person is forbidden from coming within a specified distance of the protected person, his or her residence, his or her place of work, or other important places where the protected person might visit.
Residence Exclusions: sometimes called “kick-out” orders, these orders require the restrained person to move out of the residence he or she shares with the protected person. Clothing and personal items can be removed, and the order is in effect until the court hearing. This type of order is commonly used in domestic violence cases or spousal/child/elderly abuse situations.
Personal Conduct Orders: under this type of restraining order, the order requires the restrained person from committing acts of contact or communication, threats, harassment, destruction of personal property, stalking, or disturbing the peace of the protected person(s).
There are other types of restraining orders. The purpose of each is to protect a person and his or her family members from the actions of another person, and are used any time violence, stalking, or harassment are all possibilities.
Violating Restraining Orders
The penalties for violating the terms of a restraining or protective order vary from state to state and even from city to city. In general terms, however, the restrained person may face jail time, steep financial penalties, both jail and fines, or even loss of certain rights.
Seeking Legal Help
An experienced family law attorney can help you with applying for and receiving a restraining order against someone else. As a protected person, you have specific rights. Restraining orders are designed to protect you from harm from someone else, and in cases of contentious divorces, one or the other spouse may need a restraining order for peace of mind and for personal protection.