I recently found out that my friend's ex-wife filed a temporary restraining order against him when she filed for divorce. Is this normal for someone to do in a divorce/custody situation?
2007-06-08 03:20:08 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Some temp orders have restrictions like no contact unless it's about the kids or something like that... I wouldn't say it is normal, but I wouldn't say it is abnormal either. I work in the system, if it's temporary it may just be untilthings get settled and there is some sort of permanent order in place or if they have property issues that might come up... that's just a guess though. Depends on the person filing - there should be reasons listed on the complaint she filed in order to get the Order. That would tell you what you need to know.
2007-06-08 04:03:38 · answer #1 · answered by Challah back Girl... 5 · 2⤊ 0⤋
I agree with the others, the temporary order of protection is pretty easy to obtain - all one has to do in my state - all the person has to do is to file some basic paperwork (had a liason in the court do this for me) and then go before a judge (just the person and possibly the attorney or liason) and testify that you have reason to fear the spouse (either on your behalf or for the kids). Reasons could include abuse, harrassment, or threatening to take the kids.
The Temporary order of protection only allows (in my state) a 30 day "cooling off" period and allows both sides to seek legal counsel and obtain any witnesses / evidence.
Then, in approx. 30 days, there is another court hearing for a more solid restraining order. This one could allow for a "permanent" order or another order lasting up to 2 years. This one is more difficult, in that one must have evidence and witnesses, both sides are able to "prove their case" and the judge makes a true decision.
In my case, my husband had attacked me in front of my daughter and physically restrained me from leaving. I was granted the TOR easily on both my daughter and myself; however, when it came to the second hearing, my attorney said I would be granted the order on myself since he attacked me, but that it would be dropped on my daughter since he didn't hurt her (until such time that he did.)
We settled in a backroom on a "mutual order of protection" which had no provisions on my side, but laid out visitation, but that he couldn't be within 500 feet of me. This has stayed in effect until the divorce was finalized.
Hope this helps.
2007-06-08 03:40:34 · answer #2 · answered by Wildflower 6 · 3⤊ 0⤋
Can be. Sometimes when a divorce is going on and the other person doesn't want that divorce, the person filing may feel that they need space to get it done.
Temporary orders ensure that the space wanted is granted.
2007-06-08 03:27:36 · answer #3 · answered by Jennifer S 4 · 0⤊ 1⤋
I guess it is. When I left my husband I filed the restraining order on him. But of course he was an abusive husband and had a strange habit of draining the oil from my car and punching holes in my tires. If you are worried about what someone may do, then yes it is normal.
2007-06-08 03:41:18 · answer #4 · answered by Anonymous · 3⤊ 0⤋
If this man has abused her yes it is normal because he is not getting the hint she wants him to leave her alone. I I think for someone to go through the red tape to get a restraining order she is afraid of him. The court issued it to her. She needed to show cause (have pr off he tried or did harm her) This is not an easy thing to get so I would not think she did this because she had nothing better to do.
2007-06-08 03:42:53 · answer #5 · answered by Kat G 6 · 3⤊ 1⤋
So much is dependent upon the occasions current which induced a TRO to be issued. I have noticed that a piece of paper is probably simplest valued at the ink and paper used; I put much more confidence in a sweet cuddly doberman curled up on the foot of the mattress.
2016-08-11 15:46:29 · answer #6 · answered by ? 4 · 0⤊ 0⤋
No it's not normal. That is usually something someone that is afraid does. To me that implies some kind of abuse. True or not, I don't know, she may just be setting him up for things to go in her favor, but restraining orders are put in place to keep someone safe.
2007-06-08 03:32:49 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Usually this happens if one spouse feels their life or kid life may be in danger from the other spouse and thi happens quite often but not always in divorce cases. It is only an option available if needed and not mandatory. Basically it helps in contested divorces where things may and usually do get nasty
2007-06-08 03:30:14 · answer #8 · answered by Arthur W 7 · 3⤊ 1⤋
I've read that its a normal tactic that dishonest divorce lawyers suggest to the woman so that she can get the kids and the house easier.
It definitely isn't right, but some people are so desperate they'll even lie to the police to win
2007-06-08 03:29:43 · answer #9 · answered by Anonymous · 1⤊ 2⤋
During break-ups feelings run high and sometimes people will threaten to behave in a manner that they don't normally. It's probably better to be safe than sorry in that kind of a situation.
2007-06-08 03:36:42 · answer #10 · answered by cherylincanada 3 · 2⤊ 1⤋