So many people routinely confuse a restraining order with a protective order, but the two are actually quite different. The former is more likely to be used in a divorce, while the latter is likely to be filed by a domestic violence lawyer.

For example, if you in a situation with your spouse or domestic partner that has spiraled out of control, you may need to get a protective order to prevent further abuse. While this action may lead to a divorce, the protective order be governed by criminal court and may require the assistance of a domestic violence lawyer.  Perhaps you harassed an ex-spouse when they tried to keep you from seeing the kids.  He or she may end up calling the police and asking them to enforce your custody agreement, but this type of agreement is only enforceable by family court.  The best the police can do is issue a protective order for harassment and to prevent any future occurrences.

You don’t have to be related to someone to be charged with domestic violence. When people who have lived together, parented a child together or were married at one time commit a crime against the other, it can result in accusations of domestic violence.  While the penalties may vary from one state to the next, this is a crime that is taken very seriously.

Conversely, a restraining order in a divorce will not require a domestic violence lawyer.  These orders are not generated by a criminal court and are not a reaction to physical abuse.  Instead, restraining orders are designed to prevent the other party from taking a specific action.

Some of the reasons why a restraining order might be useful in a divorce case include:

•             Preventing a spouse from giving away or unwisely spending marital property

•             Preventing the former spouse from entering the marital home

•             Keeping a child from being in a spouse’s custody where they may be threatened or harmed.

•             Preventing the spouse from changing coverage on an insurance policy

•             Preventing a spouse from entering a vehicle that was purchased during the marriage

None of these will require the use of a separate attorney. However, serious allegations of abuse may require the use of protective orders and the help of a domestic violence lawyer, but most divorce cases will make use of restraining orders.

< Prev		Next >