RESTRAINING ORDERS
After you file suit for divorce, you may request certain types of temporary orders that either permit or prohibit your spouse from doing certain things, such as acting violently, unnecessarily spending money, disconnecting the utilities, and acting unreasonably.
Some types of requested orders may be granted immediately upon request and without any type of court hearing. These orders are called temporary, or ex parte, orders. A temporary restraining order prohibits threatening, abusive, or unreasonable conduct towards you, your children, and your property. These orders, in essence, order your spouse to “behave” until a court hearing can be held. A hearing will then be held within 14 days after the temporary restraining order has been signed.
Some orders can only be granted after a court hearing has been conducted and both parties have had the opportunity to be present in court and to present evidence. For instance, after a hearing the court may grant:
1) temporary exclusive use of the residence;
2) temporary exclusive use of the car and other personal property;
3) temporary child support;
4) temporary child conservatorship; and
5) restrictions and prohibitions on spending available cash & assets
These orders will remain in effect until the Final Decree of Divorce, and will help to protect you, your children, and your property.
PROTECTIVE ORDERS
Protective orders are designed to protect you when family violence has occurred and is likely to occur in the future.
Family violence is defined as an act by a member of a family or household against another member of the family or household that is intended to result in physical harm or is a threat that is intended to result in physical harm or is a threat that reasonable places the member in fear of imminent physical harm. This definition has been recently expanded to include dating violence.
When requesting a protective order the court may grant a temporary, or ex parte, order without a hearing if the court finds a clear and present danger that family violence has occurred or will occur in the future. A temporary protective order will protect you and your family until a hearing is held within 20 days.
After notice to the responding party and a hearing, a protective order that is granted by the court will last for up to two years. Protective orders will prohibit the Respondent from:
1) committing family violence;
2) directly or indirectly communicating with a member of the family;
3) going near your residence or place of employment;
4) removing the children from your possession;
5) stalking;
6) engaging in conduct likely to harass, annoy, alarm,
abuse, torment, or embarrass
7) possessing a firearm.
