Divorcing your spouse is always a stressful thought, but the fear is compounded if any abuse or the threat of abuse is a factor. If you fear for your safety during the end of your marriage, you may be looking into filing a restraining order. A protective order is a useful tool for keeping dangerous people away from you – including an abusive spouse.
A restraining order can help you in many ways, including preventing your partner from contacting you. Here is some information on how to obtain a restraining order during a divorce in California and what protections it can give you.
How to get a divorce restraining order in California
The state considers every request for a restraining order very seriously. If you want to submit a request during the divorce process, you can do so through your current family law case. When you have the necessary legal guidance about your situation, you can fill out and file the restraining order forms.
What a restraining order does to the restrained person
A restraining order has multiple purposes. It may involve the court ordering the person to do the following:
- Refrain from contacting you, your kids, relatives or people who live with you
- Move out of your residence, if you live together
- Stay away from your residence, workplace or school
- Pay child support
- Pay spousal support
- Adhere to child custody orders
- Not have a firearm
- Not accumulate large expenses
- Return or release certain types of property
If there is a restraining order against your spouse, and he or she violates it, your spouse may pay a fine or go to jail.
Limitations of a restraining order during divorce
Filing a restraining order can be a useful tool for protecting yourself and your children during a tumultuous period. However, it is crucial to know that a restraining order will not end your marriage or impact paternity of your children. It is simply one potential action to take as you pursue a divorce.