A restraining order can be an important tool in an individual’s domestic violence safety plan. However, when it comes to divorce, it can be used as a strategic weapon. If a restraining order is abused, it has the potential to hurt a parent’s chances of child custody and/or visitation.
A restraining order is a court-ordered injunction intended to protect you from further harm from someone who has hurt you. It requires that person or abuser to stay away from you and to stop harassing you. He or she will not be able to enter your home, your workplace or come anywhere near you and your children.
If that person fails to comply with the order, he or she faces civil consequences and may have to pay damages or accept sanctions. In some cases, a possible jail sentence can be issued.
Although restraining orders can cause problems in the divorce process, they should be issued when warranted. If you are going through a divorce, contact an experienced Orange County Divorce attorney to ensure a restraining order does not unjustifiably harm your divorce case.