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What kind of restraining orders can I seek during a divorce?

On Behalf of | Sep 16, 2020 | Divorce |

Going through a divorce can be a tumultuous time for many families. For some, the multi-step process may seem drag out far too long because of the danger that their spouse is putting their family in.

However, you might be able to legally gain distance from your spouse before your divorce is final. A restraining order can help protect you from the abusive or threatening behavior of your soon-to-be ex-spouse. There are two different types of restraining orders that California residents you can seek ahead of their divorce hearing.

Emergency protective order

First and foremost, you should know that if your spouse is actively putting you in harmful situation at this moment, then you can call law enforcement to your home to handle the situation. If the police officer that responds to the domestic violence call agrees that you and your children’s safety is at risk once they arrive, then they can call for a judge to approve a protective order immediately. In fact, there are judges available at every hour of the day to handle these requests. It’s worth noting that while this type of protective order can be effective almost instantly, it usually won’t last more than seven days.

Temporary restraining order

You might be in a relationship that has involved a history of abuse — which is why you are seeking a divorce in the first place. In the meantime, you can file paperwork to receive a temporary restraining order until your settlement. After filing the paperwork, you will have a hearing with a judge who will decide if they’ll issue a protective order. And if you are successful in obtaining a temporary restraining order, then it should last between 20 and 25 days.

Since both emergency and temporary orders don’t last forever, you can consider filing for a more permanent solution after your separation. Just be sure not delay acting in a purposeful manner before the harm progresses.