The Downside To Restraining Orders During Divorce
Assume a temporary or permanent restraining order has been granted in a divorce situation. The following situations detail the challenges one might face when a restraining order is issued during a divorce.
Going to the lawyer’s office to discuss divorce issues such as property division
You cannot simply meet and discuss your issues if doing so would violate the terms of the restraining order (such as maintaining a distance of 25 yards in a public place). Now it might appear easy to just agree the restraining order doesn't apply to this particular situation, it's not that easy. Respect and severity are given to court orders. The majority of lawyers with any morals will prevent a client or the other party to step into that trap. It's simple: At any time, the "protected party" can contact the authorities alleging a violation of the restraining order. And the simple truth is that if the "restrained" party is within 25 yards, for example it is a violation. Sure, this act is explainable in court, but regardless it is still a violation.
Disposal of jointly owned property
Similar to the scenario above, there are times in a divorce when both parties must be present to handle the financial affairs of the divorce. Let's assume two parties are selling their home and both individuals want to be here for the showing or appraisal, restraining orders essentially make this impossible and expose the restraining order to parties outside of the divorce such as the realtor.
Mediation classes for custody and visitation
In many counties, mediation is required before the granting of custody orders. However, if a restraining order has been filed, it is unlikely that both parties can attend the same mediation.
Custody in general
Often a "restrained party" will have limited visitation with children during the restraining order period. The concept is if you are a violent parent than you will express violence with "children." In fact, spiteful parents have even filed Temporary Restraining Orders in order to maintain a custodial advantage. On the flip side, a parent who falsely accuses the other of domestic violence or sexual abuse can lose custody.
The bottom line is that parties need to think things through before filing an application for a restraining order. For those who have applied for a retraining order merely as a means of maintaining an advantage over or punishing the ex-spouse, the ramifications of such a restraining order will apply to the protected party as well. Not only does it make the life of the "restrained" party more difficult, but the "protected party" has limitations, too which in the long run, may not justify the means.
