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Strategic Divorce

Securing Your Safety with Orders of Protection and Restraining Orders

  • By: Gene Kirzhner
  • Published: December 1, 2023

Divorce can be a stressful and overwhelming process; in some cases, it can also be dangerous. If you or your children are at risk of harm from your spouse, it is crucial to take steps to protect yourself. Orders of protection and restraining orders are legal options that can help you secure your safety and ensure your abuser cannot harm you or your loved ones. This post will discuss the benefits and considerations of these legal options and how a trusted family law firm can help you secure your safety.

What are Orders of Protection and Restraining Orders?

An order of protection is a legal order issued by a court that can help protect victims of domestic violence, harassment, or stalking. This order typically prohibits the abuser from having any contact with the victim or coming within a certain distance of them. It may also require the abuser to vacate the family home, surrender any firearms, or pay for damages caused by their abuse.

A restraining order is similar to an order of protection but is issued in civil court rather than criminal court. This order can help prevent an individual from contacting or harassing someone they have threatened or harmed. It may also include provisions for child custody, support, and visitation.

Benefits of Orders of Protection and Restraining Orders

  • Protection. The most significant benefit of an order of protection or restraining order is that it can help protect you and your children from your abuser. These orders can prohibit the abuser from coming near you or contacting you in any way, providing you with peace of mind and a greater sense of safety.
  • Legal Consequences. If the abuser violates the order, they can face legal consequences, such as arrest or fines. This can serve as a powerful deterrent for those who may be considering further violence or harassment.
  • Custody and Visitation. In some cases, an order of protection or restraining order can also provide provisions for child custody, support, and visitation. This can help ensure your children remain safe and their well-being is protected.

Considerations of Orders of Protection and Restraining Orders

  • Limited Protection. Orders of protection and restraining orders are legal documents, and their effectiveness depends on the abuser’s willingness to obey the order. Unfortunately, some abusers may ignore these orders and continue to harass or harm their victims.
  • Difficult to Obtain. It can be challenging to obtain an order of protection or restraining order without the help of a skilled family law attorney. There may be specific requirements or procedures that must be followed, and any mistakes or omissions can lead to delays or even denial of the order.
  • Short-Term Protection. Orders of protection and restraining orders are typically issued for a limited period, such as a few weeks or months. This means that victims may need to pursue other legal options or take additional steps to protect themselves once the order has expired.

How a Trusted Family Law Firm Can Help You Secure Your Safety

If you are considering obtaining an order of protection or restraining order, it is essential to work with a skilled family law firm. An experienced attorney can guide you through the legal process and help you obtain the protection you need. They can also advise you on other legal options and strategies to help you secure your safety and protect your rights.

Peace of Mind

If you are in a situation where you or your loved ones are at risk of harm from your spouse, it is crucial to take steps to protect yourself. Orders of protection and restraining orders can provide you with legal protection and peace of mind, but they require careful consideration and legal expertise. At Strategic Divorce, we are committed to helping you navigate this difficult time and secure your safety. Contact us at (847) 234-4445 or visit our website to schedule a free consultation and learn more about how we can help protect you and your family.

Strategic Divorce

We are sensitive to the unique needs and goals of each client and provide them with the legal expertise, action and support to successfully resolve their legal issues.