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There are a variety of reasons one would request a restraining order and in a divorce action, they are more common than most people might think. In most jurisdictions, parties are entitled to a restraining order if there are two to three events, the most recent of which must have been within a recent proximity to filing a request for a TRO. a person is not likely earn the restraining order if the event for which they are concerned about happened six months prior. The court is concerned with the amount of time and how it relates to the event and request for the restraining order. The idea is if the individual waited a long period of time they must not be that afraid. Common conduct that usually will give rise to a restraining order is: Any type of physical violence, threats of physical violence, death threats, stalking and following, harassment and even emotional abuse that places a reasonable person in fear of their safety. The order is typically granted for the moment and them a full evidential trial or hearing is set. Once the factors have been proven (beyond a reasonable doubt in most jurisdictions), a permanent order will be granted from one to five years, for example.

This two-part series covers 5 typical reasons a restraining order might be issued. In a divorce action, they enter the scene in a variety of ways:

1. File Temporary Restraining Order first: A couple who is married finds themselves in a domestic altercation. This includes everything from verbal threats to physical abuse, regardless, a restraining order can be the first piece of paper filed by the victim. When a restraining order is filed, a series of events is trigged including hearings and court orders. If there are children, it will also trigger a custody action in most jurisdictions.

2. File Temporary Restraining Order Once Action is Filed: Often a previously civil couple will need a restraining order after they have filed for divorce. Divorce actions bring about intense, emotional feelings that can cause people to behave in uncharacteristic ways. In some cases threats, stalking, and domestic violence will take place once a request for divorce is filed by the unhappy, jealous, or disgruntled spouse.

3. File Temporary Restraining Order Once Case Has Concluded: The smallest of incidents can grow into a fight or argument. Sometimes couples will behave normally throughout the duration of the divorce litigation and the matter might even conclude. However, at a certain point a new event happens and conflict ensues. If emotions are high and parties are unable to manage their anger, it may give rise to conduct leading to a restraining order.

 

Tags: child custody, divorce, restraining order

This entry was posted on Sunday, May 23rd, 2010 at 11:59 pm and is filed under Divorce Records. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.