Restraining Orders in Divorce Proceedings
There are several types of Restraining Orders that may be issued in relation to a divorce proceeding, and each serves a purpose related to the resolution of the case or the safety of party or parties involved.
- A Restraining Order is issued when a Petition for dissolution of Marriage is filed. It serves to prevent the parties involved in the case from; selling, mortgaging or hiding any property without; first acquiring permission from the other party.
This type of Restraining Order also stipulates that a declaration be made to the other party of every large disbursement and any large expenditure may be subject to scrutiny in court.
In cases that involve a minor child; the Restraining Order issued upon the filing of a Petition for Dissolution of Marriage also stipulates that neither party is authorized to remove the child from the state of Colorado. For authorization to be acquired a court order has to be granted.
The Restraining Orders may also mandate that either party continues to fulfill financial obligations after the Petition for Dissolution of marriage has been filed, these obligations may include; payment of insurance premiums.
This type of Restraining Order also serves to prevent each party from disrupting the placidity of the other party/ parties involved.
- A Civil Protection Order may also be requested in connection to divorce proceedings. This type of Restraining Order is the most commonly known type of issued by the courts and serves to; restrict the person order is against from attempting to make contact or being within a specified distance of the person(s) order serves to protect. This type of restraining order will prevent attempting to contact party that made the request, who would have been required to submit request for the Restraining Order in person, as well as any other person(s) stipulated including children. It will also specify the distance that you will need to remain away from the person(s) protected under the order, the distance that is normally stipulated is 100 yards away from the home, workplace as well as school of the persons protected under order.
This Restraining order takes effect immediately after being issued so caution must be utilized to ensure that it is not violated as violations may result in harsh penalties under the law.
This type of Restraining Order however provides an avenue for contesting its validity as upon it being issued a court hearing is also set to convene within 14 days of its issuance to determine whether the order should be nullified or enforced with additional conditions.
In addition to being cancelled by the party that requested the order, both parties may also enter into a contractual arrangement known as a ‘no contact order’ which is an agreement reached by each party to not attempt to contact the other. The terms may be customized based on the requirements of either party.
- The third type of Restraining Order that is related to divorce proceedings is issued in cases where a domestic violence charge has been laid against either party. This order is put into effect by the court when an accused is arraigned and remains in effect until the domestic violence criminal case is resolved. Also known as a criminal protection order this type of restraining order serves to prevent the party accused of domestic violence from harassing and intimidating the victim(s).
Dependent on the outcome of the domestic violence charges this restraining order may be dismissed or modified at the end of the domestic violence proceedings.
Restraining orders issued in divorce proceeding are as stringent as other orders issued in any judicial proceeding and carry the same harsh penalties when violated, however violation of these Restraining Orders may also have an effect on the outcome your divorce proceeding so it is fundamental that the terms of a restraining order are not violated. You can count on Boise Family Law Attorney J. Scott Escujuri to provided knowledge guidance to ensure restraining orders are conformed to and that all steps to alleviate or have order dismissed are taken.