Many people use the word restraining order to refer to a temporary protection order; however, there are some crucial differences between the two. You may require a restraining order against your ex-partner if you’re involved in a divorce or family dispute. Except for criminal offenses or cases where domestic violence has occurred, a temporary protection order is generally reserved. There has, however, still been uncertainty surrounding such a court order.
A protection order usually arises from a criminal proceeding, while a restraining order usually accompanies an underlying lawsuit. In the case of family law, the underlying lawsuit is most likely a divorce or legal separation. However, a restraining order is not issued unless one of these legal actions exists. Since restraining orders must accompany an underlying lawsuit, they are not enforceable by the police.
A restraining order is not of a criminal in nature. Instead, they are used to “restrain” the other person from doing particular things, such as transferring funds out of a bank account or showing up at the other party’s property or place of employment. Most divorce attorneys will utilize a restraining order to prevent certain acts from continuing or interrupting a divorce’s legal action.
However, a temporary injunction is automatically in place as soon as a divorce is filed. This court order restrains both parties in a divorce from molesting or disturbing the peace of the other, from transferring or concealing marital assets or removing minor children from the state without the other party’s consent. It also prevents each party from transferring insurance without 14 days notice or written consent.
A divorce attorney can aid you in better understand whether a temporary protective order should be used in your specific case. In the unfortunate circumstance that the couple cannot work out divorce issues, you need an accomplished divorce lawyer – Mr. Binoye Jos. Mr. Jos will take the opportunity to identify your matter & will prepare to go to battle for your benefits. You can trust Mr. Binoye Jos, the Best Divorce Attorney in Orange County, to help you navigate your divorce disputes. Call Jos Family Law at 1-(714)-733-7066 for a free initial consultation.