Do You Need an Order of Protection During Your Divorce?

If you’re suffering from domestic violence, an order of protection (also known as a restraining order) can be useful. These orders can be issued as part of your divorce and custody case to protect you. Here’s what you need to know about getting your own order of protection.

Do I need an order of protection?

If your ex has threatened or committed violence against you, or you believe you’re in danger, an order of protection can de-escalate conflict and protect against violence, stalking or harassment. Domestic violence can happen to anyone, regardless of sex, gender, socioeconomic status, marital status, education level and other factors. If you’re not sure whether you’re a victim of domestic violence, talk to your attorney.

What kind of protection is available?

Orders of protection can take many different forms. Most people are familiar with a “stay away” order, which requires the subject to stay away from you and your home, work, children, school and more. However, there are also orders which can prohibit contact between the parties, firearm usage and licensing and orders to prevent the subject from committing certain acts. These are often referred to as “refrain from” orders of protection.

If your ex is moving out, you can request an order of exclusive occupancy, which prohibits them from being in the home during the pendency of the action. Alternatively, if your belongings are being held hostage in your ex’s home, you can ask for an order giving you the right to safely retrieve them on a specific date, or the right to break the lease.

Finally, if you and/or your child are in danger, you can ask for an order for temporary child custody.

Your divorce attorney can counsel you as to whether you should get an order of protection and what to ask for in your petition. For more information, talk to the compassionate divorce lawyers at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP today.