When you hear the term, “restraining order,” you probably think of physical abuse or a similarly scandalous situation. While some couples do experience violence before or during divorce, a restraining order amid divorce is not only for parties alleging or afraid of violence. A restraining order can be invaluable in all kinds of family law cases, maybe even yours.
Restraining Order vs. Order of Protection
Let’s clarify terms. In Texas, an order of protection sets rules in response to allegations of violence or threats of harm. A restraining order is something different. It is a court order meant to protect assets, access to children and other matters that can impact the likelihood of a reasonable divorce outcome.
How Do You Know If a Restraining Order Will Help?
Divorce takes time, no matter how eager either party is about ending the marriage. In Texas, dissolving a marriage will take at least 60 days, during which a lot can happen. Ask yourself the following regarding the likely actions of your estranged spouse:
- Would your spouse empty your bank accounts, move money or hide money?
- Are there other assets that would impact property division that your spouse could manipulate to his or her benefit without your consent? Would your spouse engage in such behavior? Think about real estate, stocks and other investments.
- Do you trust your spouse with the children? Don’t think of this from a domestic violence angle (though that is relevant in some divorce cases); rather, think of this from an access perspective. Would your spouse leave town with the kids in a hasty attempt to avoid the result of a child custody ruling? Or maybe taking the children could be an emotional reaction to a divorce filing.
The financial impact of divorce, as well as how splitting up will impact one’s access to their children, are some of the most common fears holding people back from filing for divorce. Understanding the use of restraining orders in family law cases, therefore, is important. Knowledge provides the confidence some need to move ahead with their lives through filing for divorce.
Be Candid With Your Attorney
If the above questions about protecting your money and access to your kids ring true in your life, do not hesitate to contact us and communicate those worries immediately. Our legal team will work to get a restraining order in place and guide you through the process to follow. It takes vulnerability to voice your honest concerns; but doing so with your trusted divorce lawyer can help protect your children, your financial security and the overall divorce process.