Assume a temporary or permanent restraining order has been granted in a divorce situation. The following situations detail the challenges one might face when a restraining order is issued during a divorce.

Going to the lawyer’s office to discuss divorce issues such as property division

You cannot simply meet and discuss your issues if doing so would violate the terms of the restraining order (such as maintaining a distance of 25 yards in a public place). It appears as if it would be easy to agree the restraining order isn’t relevant in this particular situation, but it is not that easy. A court order is viewed with the utmost respect and severity. The majority of lawyers with any morals will prevent a client or the other party to step into that trap. It is simple: In any given moment the party who is “protected” can call law enforcement and allege a restraining order violation. The truth is if the “restrained” individual comes within twenty-five yards, as an example, it’s a violation. Sure, this act is explainable in court, but regardless it is still a violation.

Disposal of jointly owned property

Similar to the scenario above, there are times in a divorce when both parties must be present to handle the financial affairs of the divorce. Assume a couple is selling the family home and both spouses wish to be presents during the appraisal or a showing, restraining orders make this nearly impossible and expose the not-so-pleasant details of the divorce to outside parties.

Mediation classes for custody and visitation

In many counties, mediation is required before the granting of custody orders. However, in the event a restraining order is in place, both parties cannot appear at the same mediation meeting.

Custody in general

Often a “restrained party” will have limited visitation with children during the restraining order period. The concept is if you are a violent parent than you will express violence with “children.” In fact, those parents who are spiteful have been known to file for a TRO to maintain the custodial advantage. On the other hand, a mom or dad who accuses the other party falsely of sexual abuse or domestic violence can lose custody.

Bottom line, it is important for both parties to consider what is at stake before filing for a restraining order. For those who have applied for a retraining order merely as a means of maintaining an advantage over or punishing the ex-spouse, the ramifications of such a restraining order will apply to the protected party as well. Not only does it make the life of the “restrained” party more difficult, but the “protected party” has limitations, too which in the long run, may not justify the means.

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