If you find yourself in an abusive relationship, you need to act. This is where an order of protection comes in.
However, a protective order comes with significant legal and personal implications. As such, the court tends to exercise great caution when issuing one. So when is the right time to file a restraining order?
Here are two telltale signs that you need to act quickly:
1. Your spouse has become physically violent
Abuse can take many forms, but when your spouse is violent towards you and/or your children, you need to move to safety as soon as you possibly can. Thereafter, you need to obtain a court order that will prohibit them from coming to your residence, place of work or your children’s school.
2. Your spouse is emotionally abusive
Emotional abuse can be another ground for obtaining an order of protection against your spouse. When an estranged spouse is continually stalking you, visiting and causing drama at your place of work, degrading or controlling you, trolling you on social media, alienating you from your kids or threatening to harm you, then you need to take action.
While applying for a restraining order, the court may ask for a sworn affidavit that describes in detail past and current incidents of abuse. You will also be required to provide the abuser’s details, such as their place of work and other contact information.
While issuing the order of protection, the abusing spouse may be ordered to:
- Stop the abuse
- Leave the home
- Cease all forms of contact with you and your children
- Surrender any weapons in their possession
Obtaining an order of protection may seem like a daunting task, but it can be the first step toward a successful divorce and a new future. Find out how you can safeguard your rights while obtaining a protective order against your spouse.