Getting a restraining order is not a simple process. Courts tend to air on the side of caution when issuing restraining orders. After all, a restraining order can greatly diminish a person’s ability to move around freely. It's important that no mistakes are made.
However, this doesn't mean you should feel discouraged from seeking a restraining order. If you are in fear for your safety and well-being, you should get legal assistance immediately. This is especially true if the person threatening or harassing you is your spouse. With the right attorney, you can obtain a spousal restraining order and safely move forward in the divorce process.
It's important that you stay informed of your divorce rights and legal protection options. If you’re not sure whether you should obtain a temporary restraining order against your spouse, get assistance from an experienced attorney who practices family law.
Sometimes it can be hard to pick up on the more subtle signs that you should seek a temporary restraining order against your spouse. It can also be an emotional challenge to distance yourself from someone you were once very close to. However, it is important for your own protection that you take the proper steps to secure your safety. If you notice any of the following signs, seek the immediate help of a qualified family law attorney to discuss your legal options.
Your Spouse Is Seriously Annoying Or Harassing You
If your estranged spouse is constantly leaving you angry messages, sending non-stop texts, or even stalking you, it is time to seek a spousal restraining order. You have the right to go about your life free of harassment, be it online or face-to-face.
If your ex-partner won’t leave you alone, discuss with your lawyer the steps you can take to get a spousal restraining order.
Your Spouse Is Depleting Assets
Getting a divorce isn’t easy, especially if one spouse is determined to make the process as difficult as possible. You have the opportunity to get a spousal restraining order if you are able to prove that your estranged spouse is in the process of moving, hiding, depleting, or destroying assets in order to prevent you from receiving your fair share.
In some cases, the restraining order can also be used against third parties, such as a bank, to stop the third party from helping your spouse deplete additional marital assets.
Your Spouse Is Threatening To Destroy Your Property
Under California law, a restraining order can be granted in situations where one spouse is threatening to harm or destroy the property of the other spouse. A restraining order can also be given if your spouse threatens to destroy property that you both share, such as a car or home.
Your Spouse Has Physically Abused You
If your spouse is physically abusing you or your children, you can get a court ordered restraining order that prohibits your spouse from visiting your place of employment, home, and your children's school. The restraining order can also prevent your spouse from owning a firearm, or from communicating with you in any way.
Even if your spouse is only threatening you with physical violence, you still have the grounds to ask for a spousal restraining order. You will need to provide evidence of physical abuse or threats of violence against you. Discuss with your lawyer the best way to do this. Make sure to save copies of everything, the evidence may prove to be beneficial in your divorce case as well.
Your Spouse Has Psychologically Abused You
Restraining orders can also be used to prevent further psychological abuse. If your estranged partner does any of the following, it is considered psychological abuse:
- Constantly degrades you
- Threatens to harm you and/or your loved ones
- Manipulates your children to turn them against you
- Attempts to unreasonably control your every day actions
When these actions get to a point where they interfere with your daily life and your ability to support yourself, the courts can approve a restraining order. You can even customize your restraining order to prevent any and all forms of contact. This includes contact by mail, email, text, phone calls, and gift deliveries.
How To Obtain A Spousal Restraining Order
Getting a spousal restraining order may seem like a difficult task, but with the right legal assistance, you and your children can get the protection you deserve. If any of the warning signs discussed pertain to your situation, seek assistance as soon as possible.
If you are a resident of the Central Coast, consider reaching out to the the Law Office of Barbara J. May in Monterey, California. Their exceptional legal team has years of experience providing legal support to spouses who are victims of abuse with the aim of improving the abused spouse's situation. Visit them in downtown Monterey, or give them a call at 831.649.1253 to take the first step towards obtaining a spousal restraining order.
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