When a Restraining Order Becomes Necessary during a Divorce

 Posted on February 02, 2016 in Domestic Violence

restraining-orderDivorces can be messy. In many cases, the divorce process brings out the worst in each partner, pushing him or her to become angry, vindictive, and frightened about what will happen in the future with his or her property and relationship with the couple's children. This fright can turn to aggression, which can manifest itself as antagonism aimed at the other spouse and attempts to harass him or her into giving in to the aggressive partner's demands.

This is not a healthy way to end a marriage. In fact, it can be the foundation of a very difficult life for an individual following his divorce because if this behavior is not nipped early, it can lead to a life of fear, resentment, and a much smaller share of the couple's marital assets than the victim was entitled to receive.

Document Everything

This is the most important action you can take if you are a victim because without adequate documentation of your spouse's actions, it can be difficult or even impossible for the court to put a stop to them. Save threatening emails, text messages, and voicemails and document any face-to-face aggression or threats you receive.

Seek an Injunction

An injunction is an order from the court that an individual stop engaging in an action involving another. This is also known as a temporary restraining order. You may include a provision in your injunction that your former spouse stop disparaging you in public or on social media, that he or she stop contacting you for reasons other than those related to your divorce or parenting agreements, or that he or she not contact you altogether.

An injunction is not adequate protection for an individual who feels his or her life or physical safety is in danger. If you feel you are at risk of becoming a victim of domestic violence, seek a personal protection order. An individual who violates a personal protection order can face arrest for his or her violation. To have the terms of an injunction enforced, on the other hand, the non-violating individual must file a contempt action with the court to have the violating spouse receive his or her penalty.

Talk to your Attorney

A refusal to cooperate with a court order will reflect poorly upon an individual when determining his or her parenting time and responsibilities. Discuss every instance of your spouse or former spouse's abuse and harassment with your attorney to ensure that it is considered during your divorce hearings. Do not give in to your partner or allow yourself to be bargained with – by harassing, stalking, or threatening you, your spouse has proven that he or she is not stable enough to work out issues cooperatively.

Kane County Divorce Attorneys

You have the right to complete the divorce process in peace. If you are facing harassment, threats, or attempts at intimidation from your current or former spouse, work with an experienced Kane County divorce attorney to take the necessary legal action. Our team can help you take these steps and work through the divorce process without additional stress. Contact us today to set up your legal consultation with our firm.




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