Why You Might Need to Obtain a Restraining Order When Filing for Divorce

restraining orders document

If you have been a victim of domestic violence or harassment or if you honestly believe that filing for a divorce would result in your spouse resorting to such actions, you could consider filing a restraining order against him. But while a restraining order might not always be enough to stop your spouse, it could offer some legal remedies in case there’s a violation of the order.

Feldman & Lee PS, home to experienced family attorneys in Marysville, Washington explains how restraining orders work in domestic settings.

The Different Types of Restraining Orders

Depending on your specific circumstances, there are several types of restraining orders that you could file for:

  • Protection Orders – Depending on your reason for filing a protection order, an order could last at least one year, several years, or a lifetime. These could be renewed or amended whenever necessary.
  • Domestic Violence Restraining Orders – These orders only become effective after all parties involved have appeared in court and a ruling has been passed by the judge. These could last for a couple years but could be renewed as needed.
  • Emergency Protective Orders – The police could issue such orders in case there’s imminent danger and a potential victim can’t request for one from the court right away. These usually last for three days to a week, after the petitioner has filed for a permanent protective order.

In general, restraining orders come with stringent conditions that specifically detail prohibited forms of interaction and other provisions. These additional provisions typically include no contact, including emailing, texting, or calling.

Some orders might include stay-away conditions, which mean the offender should keep a specific distance from the plaintiff. Other conditions also include requiring the offender to go to therapy or counseling and a ban from accessing firearms.