You have suffered in an abusive marriage long enough and have decided to file for divorce. You and your husband are separated, but you are wondering if it’s worth it to file for a restraining order to make sure he stays away from you during the divorce process. While it might be an extra hassle to deal with at an already difficult time, it could be well worth it in the long run.
What a Restraining Order Can Do
Depending on how it is written, a domestic violence restraining order, also called a personal protective order, can do the following:
- Stop your husband from contacting, calling, or sending you text messages or emails.
- Keep your husband a certain distance away from you, your home, your vehicle, your workplace, and your children’s schools.
- Order your husband to move out of a shared residence and take only his personal possessions and clothing with him.
Clearly, this will give you peace of mind, but it will also make the divorce process a little more difficult.
How a Restraining Order Impacts a Divorce
In California divorce proceedings, the couple is encouraged to meet with each other to negotiate the terms of the divorce, including child custody, division of property, and spousal support. If there is a restraining order against one of the parties, meeting in person will not be possible. However, if the marriage was abusive, it is unlikely that negotiations would be productive anyway. Having a restraining order against an abusive husband would also remove him from the family home. Ordinarily, both spouses have the right to stay in the home until the divorce is final. Finally, a legal document, such as a restraining order, provides evidence to the court that will help you get favorable custody and spousal support arrangements.
Your Safety Is the Top Priority
Ultimately, the decision to get a restraining order should be based on your fear that your husband will harm you or your children, not on how it will impact divorce proceedings. The Law Offices of Paul H. Nathan only represent women in divorces, and we understand how threatening, narcissistic, and abusive husbands can make your life miserable. As your attorneys, we always put your safety first as we represent your interests in court. Fill out the form on this page to contact us today and learn more about restraining orders and divorce.