What You Need to Know
What are Restraining Orders: Do you need one?
Often, way too often, during a divorce, because emotions are very high, even usually very normal and nice people act very immature. I have had clients break into their spouses car or home, shut off electricity or telephone service, change the locks on the other spouses residence, stalk the other. Therefore, the law allows either side to request Restraining Orders.
While Restraining Orders are specific as to what a person can not do(restrained from doing) and can have many pages, they simply Order a person to act as a good ''Boy'' or ''Girl'' scout. Most courts grant restraining orders if requested; however, an appearance before the Judge is required for both spouses, unless the Restraining Orders are agreed to. Many people will agree to Restraining Orders if they restrain both spouses. These are called Mutually Agreed Restraining Orders.
An Order from a Judge not to do something, is generally enough of a deterrent from acting on the emotions of the moment. If a person violates a Restraining Order, the other spouse must file a Contempt of Court action against the spouse who violated the Restraining Order. The person who violated the Restraining Order can be scolded by the Judge, fined, put in jail or all three. Police officers can not enforce Restraining Orders, only Protective Orders.
