Temporary Restraining Order

By Author: Peace Talks
Total Articles: 16
Comment this article

Has your spouse recently been physically abusive, or made recent threats of physical harm during your current divorce proceedings? If so, you may be eligible in the state of California to apply for a Temporary Restraining Order.

Temporary Restraining Orders are usually granted against people who are perceived as potentially dangerous in an immediate sense or who put you under a present threat of physical abuse. (You cannot file for a Temporary Restraining Order based on abuse which occurred two years, or even two months, ago.) You do not need to show obvious signs of physical abuse, such as bruises or bone fractures, to get a Temporary Restraining Order, and verbal threats like “I’ll burn the house down before giving it to you,” intimidating actions involving weapons, and incidents of physical restraint, shoving or pushing all constitute sufficient reasons to seek one. Normally, the people against whom restraining orders are granted are relatives by blood or marriage, or someone with whom you have cohabited. Moreover, in most cases, you don’t need to involve the police in order to make a request. Click here for ...
... more information about restraining orders.

Most California courts have set up the process so that you can apply for and obtain a Temporary Restraining Order without having to hire an attorney (although you can certainly contact your lawyer who specializes in divorce in California). The procedure includes completing the necessary paperwork, all of which is available at the Court Clerk’s office. A judge must be given a brief explanation of the history of your abuse and why you are currently fearful for your safety. The order usually goes into effect immediately, forbidding your spouse from coming within close proximity to you, your home, or your workplace; from harassing you by phone; from placing any physical restraint on you; and from assaulting you or displaying any physically threatening behaviour. Violating any part of the restraining order is grounds for arrest.

If your spouse has a history of erratic, violent behaviour, you may want to consider obtaining a Temporary Restraining Order before your divorce papers are served to avoid any confrontations and, ultimately, protect yourself. For many in the throes of divorce in California, the process in seeking a restraining order is the final step after many episodes of abuse or threats, or both.

In the state of California, once a Temporary Restraining Order is issued, a follow-up hearing is scheduled within a few days or weeks to give the restrained party a chance to tell their side of the story. If the restraining order is continued after the hearing, it usually stays in effect for an additional several months.

It should be noted that Temporary Restraining Orders are designed to provide relief under special and specific circumstances. They should neither be taken lightly nor used inappropriately, i.e. to have a spouse who has no history of violent or abusive behaviour removed from the family home during the proceedings of divorce in California.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). Visit: Yourdivorceadvisor.com for more information.

Diana Mercer - Divorce mediation Attorney-Mediator and the founder of Peace Talks Mediation Services Los Angeles; provides a mediation service for divorce, child custody mediation, premarital agreement and more. For more information about Divorce in California and how to obtain a restraining order contact at Peace-talks.com