How can I get a restraining order to protect me from my spouse during a divorce?

In California, if you are going through a divorce and feel that you need protection from your spouse, you can obtain a restraining order. Generally speaking, a restraining order, also known as a “protective order”, can keep a person from trying to contact or harm you. The first step in obtaining a restraining order is to fill out a Petition for Domestic Violence Restraining Order. This document is available from the California Courts website as well as from your county’s court clerk. In the petition, you must provide information such as: • Your name and address • Your spouse’s name, address, and contact information • A statement of facts and the reasons why you feel a restraining order is necessary After completing the petition, you will need to pay a filing fee. Once the document is filed, you will be scheduled for a hearing. At the hearing, you will need to explain to a judge why the restraining order is needed. The judge will then decide if a restraining order will be granted. Once the restraining order is granted, it will become part of the divorce process. It is important to remember that the restraining order is enforceable by law, so it is important to abide by any terms set forth by the judge. Failure to do so can result in criminal charges and/or fines. If you have any questions or concerns about obtaining a restraining order, it is best to speak with a qualified family law attorney. An attorney can provide you with the information needed to make an informed decision.

Related FAQs

What is a marital dissolution agreement?
What is a collaborative divorce?
How is spousal support and alimony determined?
What is a no-fault divorce?
What is a prenuptial agreement?
Where do I file for divorce?
How is marital debt distributed?
How does a court determine spousal maintenance or alimony?
What is a mediation divorce?
What is a child support modification?

How can I get a restraining order to protect me from my spouse during a divorce?

Related FAQs

Related Blog Posts