Pros and Cons of Filing for Divorce During an Order of Protection

A husband and wife have been arguing for years about finances, parenting, religion, and everything under the sun. They have been discussing the possibility of getting divorced, but neither of them has pulled the trigger and filed for divorce yet. The husband is surprised to see that he has been served with a temporary restraining order from his wife. He is shocked because he has never physically abused his wife or children, and he did not see this coming. This article will discuss whether filing for a protective order can be helpful or hurtful during the divorce process.

Filing a Temporary Restraining Order Before a Divorce

Many times, one spouse will file a temporary restraining order shortly before they file for divorce. Emotions run high during a divorce and sometimes spouses want a cooling-off period after they file for divorce and file a temporary restraining order shortly before they file for divorce. A spouse may be worried about how the other spouse will respond to the divorce or on occasion may simply be trying to falsely accuse the other spouse to gain an advantage when it comes to child custody decisions. Regardless of why one spouse files a temporary restraining order, the other spouse must refrain from violating the order. Even if you think the protective order is baseless, you can still face criminal charges for violating the order.

Filing a restraining order can give the spouse who seeks the order the opportunity to gain the protection from the Courts for abuse and set the tone for the divorce to define the terms of the divorce before the case is even started. Because restraining orders are merged with any pending divorce action and placed before the divorce Judge, restraining orders often set the ground rules for how the divorce case will move through the court system. Depending on the facts of the case, there could be a time when it benefits the husband to file for divorce first before the wife can file a temporary restraining order or vice versa. If one spouse expects that the other spouse will falsely accuse them of abuse, they may want to petition the court for divorce before their spouse has the opportunity to request a protective order.

The Benefits of Petitioning for a Restraining Order During a Divorce Case

When physical or verbal abuse to a spouse and or children occurs, a protective order can be extremely beneficial. When domestic violence or abuse has occurred, a protective order gives the abused spouse peace of mind when the divorce case starts. In some cases, one spouse may be in fear for their life because their spouse has made repeated threats that if they file for divorce, they will hurt them or even kill them. In these cases, obtaining a protective order before filing for divorce or during the divorce process can be extremely important and effective.

Contact a Chicagoland Divorce Attorney Today

Are you considering filing for divorce, but you are unsure about petitioning for an order of protection? If you need representation for a divorce or child support matter in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.

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