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6 FAQs About Divorce Restraining Orders

In the most amicable circumstances, divorce is difficult. But when abuse is part of the reason for separation, the process becomes infinitely more stressful. After a marriage fails, one partner may become aggressive—or perhaps the aggression was always there. Whatever the reason, there are ways to protect yourself after a divorce. Restraining orders, for example, help ensure your safety from a violent partner.

Questions About Divorce Restraining Orders

Many people are nervous about obtaining restraining orders. To help clarify what these orders can and cannot do, we’ve surfaced and answered six common questions about them:

  1. Should I hire an attorney for a divorce restraining order? The short answer is: you don’t have to hire a lawyer. However, strongly consider at least speaking with a qualified family law attorney, irrespective of the stage of your divorce, particularly if children are involved. An experienced attorney can advocate for your and your children’s rights aggressively in court and also connect you with key resources to protect yourself, rebuild your life and find the support you need to heal.
  2. Do I have to see my ex at the hearing for the protective order? If he or she comes to the hearing, then yes. But the restrained person cannot to speak to you. If you are nervous, tell the court officer. This individual can take extra measures to ensure your safety.
  3. Can the restraining order prevent a spouse from taking the couple’s children? It depends on the type of order and the judge. The judge overseeing you case can order that the children stay in California or the county unless you submit a written agreement or another court order.
  4. Is my restraining order from another state good in California? Yes. If you want, you can register your order with the superior court in the California county where you currently reside. However, this is not a requirement.
  5. The restraining order against my ex is about to expire, but I still want protection. What do I do? You will need to go to court and ask a judge to renew the restraining order.
  6. Does a restraining order mean I am divorced? No. These forms will not end a marriage or a domestic partnership. There is separate paperwork for divorce proceedings.

Protect Yourself

Dissolving a marriage is never easy, but if abuse is involved, rest assured that you’ve almost certainly made the right decision. Your priority is to protect yourself and your children. You likely have many more questions regarding how a restraining order will affect the other person or your children as well as how the whole process works. Get in touch with our qualified legal team for a private and confidential consultation about your options and rights. We are here to help you!

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