Typically, after a divorce, there may already be proceedings including the child custody battle. The parent who is the primary caretaker of the child may sometimes face additional complications from his/her spouse, i.e., the other parent. If this happens involving a restraining order, it is vital to contact an attorney. The attorney would help resolve custody and visitation issues before determining how to resolve further complications.
Typically, when a person attempts to take out a restraining order on another individual, there is usually evidence of threats, violence, or possible harm from the other individual.
Legal enforcement for the restraining order can be done by contacting a local law enforcement officer. This is done if the individual doesn’t comply with the properties of the order.
A spouse may take out a restraining order on the spouse if he/she is claimed to be violent. It can also be done to prevent the fear of the other spouse harming him/her or the children in the relationship.
In a divorce situation, the restraining order decreases the chances of possible custody and visitation rights of the parent.
A restraining order is usually to provide temporary release from the possibility of harm. This is done through the documentation stating the other party involved should remain away from the individual and not contact him/her depending on the type of order established.
However, for the restraining order, the long-term effects of it may affect the custody and visitation rights with the divorced spouse. The parent may then have little or no rights to see him/her children during this period. This lasts until the individual who filed the restraining order overturns the order.
To be able to dissolve the order, the spouse who received the restraining order would have to provide evidence or a witness. This is done to show no form of violence exists.
An efficient lawyer would be able to provide all the necessary help required to properly resolve the issues that may persist after the restraining matters have been settled.
If you’re unhappy in a marriage and are looking to file a divorce and gain a fair distribution in the process, The Law Office of Erin Morse is here to help.
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