Can I Request a Restraining Order Against My Husband During the Divorce?

Yes, it is possible to request a restraining order against your husband during the divorce process if you have valid reasons to believe that your safety, well-being, or financial interests are at risk. Restraining orders are legal tools designed to protect individuals from harm, harassment, or threats, and they can be especially important in situations where there is domestic violence, threats of harm, or concerns about the dissipation of marital assets.

Here’s a detailed explanation of how you can request a restraining order during a divorce and the circumstances under which it may be granted:

1. Types of Restraining Orders in a Divorce

There are different types of restraining orders that you can request during a divorce, depending on your specific concerns:

• Domestic Violence Restraining Order (DVRO): If you are a victim of domestic violence, you can request a domestic violence restraining order. This type of order is issued to protect you from further abuse or threats of violence. It can include provisions such as:
  • Prohibiting your husband from coming near you or your children.
  • Preventing your husband from contacting you via phone, email, or social media.
  • Requiring your husband to leave the family home or stay away from the residence.
  • Granting you temporary custody of any children involved.
• Temporary Restraining Order (TRO): If you believe that your husband may harm you or take actions that could affect the divorce proceedings, such as hiding assets or selling property, you can request a temporary restraining order. A TRO can provide immediate relief and protection while the divorce is pending, and it can include provisions like:
  • Preventing the sale or transfer of joint property or assets.
  • Prohibiting the removal of children from the jurisdiction.
  • Ensuring that no harassment or threats occur during the divorce process.
• No-Contact or Stay-Away Order: In cases of extreme threats, harassment, or intimidation, you may request a no-contact or stay-away order. This can require your husband to stay away from you and refrain from contacting you in any manner (phone, email, in person).

2. Grounds for Requesting a Restraining Order

You can request a restraining order during the divorce process under the following circumstances:

• Domestic Violence or Abuse: If your husband has physically or emotionally abused you, you have the right to seek protection through a restraining order. This includes any form of physical violence, threats of harm, or emotional abuse, such as intimidation or constant harassment.
• Threats or Fear of Harm: If your husband has threatened to harm you or your children, or if you fear for your safety or the safety of your family, you can request a restraining order. Courts take threats seriously, especially if you can demonstrate that they are credible and reasonable.
• Harassment or Stalking: If your husband has been stalking you, continuously harassing you, or sending unwanted messages or gifts, you can request a restraining order. This also includes any actions that make you feel unsafe or harassed.
• Dissipation of Assets: If you believe that your husband may be hiding, transferring, or selling marital assets to prevent you from receiving your fair share in the divorce, you can seek a restraining order to prevent the dissipation of assets during the divorce process.

3. Steps to Request a Restraining Order

• File a Petition: To request a restraining order, you will need to file a petition with the court. This is usually done at the same time as filing for divorce, or separately if there are urgent safety concerns. The petition will explain why you need the restraining order, including the specific threats, harm, or behavior you are trying to prevent.
• Provide Evidence: You must present evidence to support your request for a restraining order. This can include:
  • Police reports if any incidents of domestic violence have occurred.
  • Medical records or photographs documenting any injuries or abuse.
  • Text messages, emails, or voicemail recordings showing harassment, threats, or intimidation.
  • Witness statements or affidavits from people who have witnessed the abuse or threats.
• Temporary Restraining Order: If your situation is urgent, you can request a Temporary Restraining Order (TRO), which can be granted by the court immediately and will provide temporary protection until a full hearing is held. A TRO is typically in place for a few weeks, allowing time for a judge to review the full case.
• Court Hearing: After the TRO is granted, a court hearing will be scheduled, where both parties can present their case. At this hearing, the judge will determine whether to extend the restraining order and make it permanent. If your request is approved, the restraining order can be in place for several months or even longer, depending on the circumstances.

4. What a Restraining Order Can Include

A restraining order can be customized to your situation and can include various provisions such as:

• Eviction: Requiring your husband to move out of the marital home if necessary.
• No Contact: Prohibiting any form of contact between you and your husband, including physical, verbal, or digital communication.
• Custody Arrangements: Granting temporary custody of children or visitation restrictions to ensure their safety.
• Asset Protection: Preventing the sale, transfer, or dissipation of marital property during the divorce.
• Child Support or Spousal Support: If financial support is needed during the divorce process, the court may include provisions for temporary child or spousal support.

5. Example

Let’s say your husband has been threatening you with violence and you fear for your safety. You can file for a domestic violence restraining order, providing evidence of the threats and any previous incidents of abuse. You may also fear that your husband will sell joint property to hide assets, so you ask for a restraining order that prevents the sale or transfer of any property until the divorce is resolved. The court can grant a Temporary Restraining Order that will prevent him from contacting you, entering your home, or dissipating assets.

6. Enforcement of a Restraining Order

Once a restraining order is granted, it is legally binding. If your husband violates the terms of the order, such as contacting you or selling assets without permission, he could face legal consequences, including arrest. You can report any violations to law enforcement, and they will take appropriate action to enforce the order.

7. Conclusion

You can request a restraining order against your husband during the divorce process if you are facing threats, domestic violence, harassment, or concerns about asset dissipation. A restraining order is a powerful legal tool that can provide immediate protection and help ensure your safety during a potentially difficult and stressful time. It is essential to consult with an attorney to understand the best way to proceed with a restraining order, as the process can vary depending on your location and the specific circumstances of your case.