It is not at all uncommon for petitioners for Orders of Protection to also be processing or to have a need to process divorce. The divorce process can complicate the restraining order process but it can also act as supporting evidence that you are suffering abuse from your spouse. However, married relationships are not required to petition for an order of protection and there are no court rules requiring that divorce be processed in cases of orders being granted. If you are a respondent, you may wonder what legal considerations may be important if you are not going through a divorce and you have had a restraining order taken out against you. If you are a petitioner, we will go through important considerations when you are processing an order of protection without a divorce.
Important Considerations for Petitioners in OP Cases Without Divorce
In Order of Protection cases where there is no divorce, you should know that the protection process keeps you safe if at any point you would like to begin processing a divorce. Many petitioners, despite successfully obtaining an order of protection, feel wary of beginning processes that make them feel unsafe. Restraining orders exist to safeguard your well-being and every effort should be made to pursue that end.
With that said, in cases without divorce and where divorce is not desired, no further contact and consideration need to be made with the respondent. The respondent is legally allowed to divorce you, but you do not have to be put into a compromising position through any of the proceedings and middlemen may be employed. Orders of protection with no divorce do not need to be complicated and you may simply continue with your life as usual, without “tying up loose ends” if you so desire.
Important Considerations for Respondents in OP Cases Without Divorce
If you have been issued an OP without divorce filings, you may find yourself feeling confused. It is likely that your spouse does not want to contact you and furthermore, the court has likely legally limited the conditions of your contact in general.
It is important to make sure not to contact your spouse or to violate the terms of the OP in any way. Violating the terms of the order comes with hefty consequences. You are able to begin divorce proceedings on your own, but you may have to use indirect communication and special legal processes. We at Glasgow & Olsson can help you with these special processes.
Contact an Experienced Lawyer Today
It is important to get professional help in matters involving your safety. Glasgow & Olsson is uniquely qualified to help, especially if you need help understanding the order of protection process in all cases. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.