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Is a restraining order during a divorce necessary?

by | Sep 18, 2017 | Blog |

For many years, Nevada had the highest divorce rate in the United States. Many couples would travel to the state to get their marriages dissolved in a quick, efficient manner.

There is always a lot of paperwork involved with divorce proceedings, but some spouses wonder if they should have a restraining order put against an ex. It may seem extreme, but under some circumstances, it is prudent. Depending on a person’s specific situation, it can be worth it to at least look into acquiring a temporary restraining order.

Concern about one spouse doing something drastic

When most people think of restraining orders, they assume it is a document that keeps someone from getting within a certain distance of someone else. That is certainly true, but it is only part of it. If one spouse feels concerned the other will do something extreme, then a restraining order prevents specific actions from taking place. Those actions can include:

  • Removing funds from the other partner’s retirement account
  • Taking out a loan and using joint property as collateral
  • Cancelling insurance policies
  • Removing funds from a joint bank account
  • Packing up the children and taking them out of the city or state

A temporary restraining order limits a spouse’s activities until the divorce is final. At that point, the restraining order often becomes lifted, but the court could decide to lengthen it if it sees fit.

Cases of domestic violence

If one spouse wants a restraining order against the other partner due to the threat of violence, then a legal team needs to create a separate document. For these orders, one spouse does not need to have actually harmed someone else. As long as there is a tangible threat, the court may grant it. Naturally, a restraining order also applies to any children the couple shares. This type of order will go on indefinitely in case changes are made.