Restraining orders are a part of many divorce cases and are an important protection that is necessary to prevent domestic violence and allow victims of violence or threatened violence to live their lives safely. There is no question that restraining orders are necessary and appropriate most of the time they are issued. However, restraining orders can sometimes be misused as a tactic in a divorce.
Restraining orders can be issued where the victim has been harassed, stalked, assaulted, threatened or the victim of criminal mischief. Many people in a divorce may feel they have a good case for a restraining order because a marriage that is heading towards divorce often becomes very volatile, at least for a short time.
A restraining order can sometimes be sought as a way for one spouse to gain exclusive occupancy of the home, as the order will direct the other spouse to move out and stay away. The spouse who is currently living in the home at the time of the divorce is most likely to be granted the home as part of the property division. Some spouses may seek a restraining order specifically for this purpose.
A restraining order has an impact on custody. Courts must consider domestic violence when determining custody. A restraining order also often has the effect of painting the restrained spouse in a negative light which can skew the court’s approach to custody and visitation. If a restraining order is sought to protect the children, it can eliminate all visitation.
If you have questions about restraining orders and divorce, contact DeTorres & DeGeorge in Hampton, New Jersey and the surrounding areas. Make an appointment by calling us at 908-284-6005 today.