At times, divorce and restraining orders go side by side but as known to all the divorce lawyers, this is not something always in the client’s favour. People considering receiving such an order might want to know about the long term effects of the same. Focusing on this factor, it can impact each one who forms a part of this situation, inclusive of children.
Different categories of restraint
There are many protective orders serving different purposes respectively. While one stands for protecting the child or a spouse from any sort of physical harm in case the other imposes such a threat, another restraining order is meant for protecting your assets which includes prohibiting either spouse from acts such as emptying bank account if breaking fixed deposits, selling of property and so on to keep away the other party from their share. According to family law practitioners, the latter i.e. restraining order protecting finances is beneficial for both the parties whereas the former i.e. physical protection is meant for being used only when the same is warranted.
Causes to file a restraining order
In case a couple has a prior record of violence of threats, then protection to some extent is warranted. Here the ruling heads with a paper train and thus can prevent one spouse from contacting the other whenever there is no need to do so. This also ensures police with the legitimate right to remove one spouse from the other when enforcing any order rather than being in a murky situation of requesting one of them to leave the place as they are not needed there.
Causes why not to file a restraining order
While each of the steps has to be taken keeping in concern that no harm is caused to any party, in certain circumstances seeking unwanted protective measures can end up making a person appear manipulative and controlling. And divorce lawyers are quite aware of the fact that the character displayed by either party will have an important impact upon the manner the case is being considered by the court. Hence it is advised to not file a restraining order unless needed.
Final Words
So when the question of filing restraining or protective orders comes to light, do make sure to explain the entire situation to your divorce lawyer.
