Will a restraining order help if he refuses to leave?
Divorce brings out the worst in people. Spouses, in divorce, will typically incur emotional and financial hardships. Sometimes, a retraining order can be the solution to force a spouse to leave. A restraining order is an order that prohibits someone from taking certain actions. In the context of a divorce, separation, it can compel a spouse to leave. If you’re concerned about forcing a spouse to leave, a TRO can be crucial to maintaining the status and pleasures of life you’re used to. All restraining orders have an expiration date. The point of a restraining order is to force a spouse to leave, or compel a certain action – for a period of time. If you are a victim of a domestic violence, a TRO is a great way to address divorce issues you may be facing. In the context of a divorce, a court will compel the offending spouse to stay away from the other spouse.
With a restraining order, the court will force the offending spouse to stay away from the other spouse, and possibly the children, until there’s a formal hearing. A restraining order can remain in place, even after your divorce has concluded. If your restraining order is the result of a domestic violence – then the court order can force the alleged offending spouse to stay away. A court will call a court hearing, and at the hearing, the court will decide if domestic violence has occurred – and if a restraining order is deemed appropriate based on the circumstances.
If you’re looking for a restraining order for reasons other than domestic violence, then you need to make a request in conjunction with filing for a divorce petition. If you’re worried about your spouse emptying all of your assets, then a court TRO can be help. Some states have a proactive approach, when it comes to enforcing a TRO. They use a Automatic Temporary Restraining Order, which becomes effective automatically as soon as the divorce petition is filed. It binds the spouse filing the petition immediately, and as soon as the other spouse receives the divorce papers. It binds the spouses, so there are no potential problems, such as one spouse emptying the assets etc.
Many states have variations of the automatic restraining order. In some states, no such provision exists. If your state doesn’t have such a provision, your attorney will have to request the court to file a restraining order which addresses your specific requests. Even if you don’t think your spouse will do something harmful like this, it helps to have a restraining order in place.