Handling divorce proceedings while under a restraining order

On Behalf of | Jun 7, 2024 | DIVORCE - Divorce |

Divorce proceedings are often complicated. A restraining order adds another layer of difficulty. If you find yourself in this situation, you need to understand how to navigate this process.

Follow all restraining order guidelines

Adhere strictly to the terms of the restraining order. This includes maintaining any required distance from your spouse and avoiding all prohibited forms of communication. Violating the restraining order can result in legal consequences and negatively impact your divorce case.

Communicate through legal channels

All communication with your spouse should go through your attorney. This ensures that you follow the restraining order and avoid any direct contact. Your divorce attorney can relay messages, negotiate terms, and handle all necessary interactions on your behalf.

Document everything

Keep detailed records of all incidents, communications, and exchanges related to the restraining order and your divorce. This documentation can be crucial if disputes arise or if you need to provide evidence in court.

Coordinate custody and visitation carefully

If you have children, custody and visitation arrangements must follow the restraining order. Work with your attorney to establish a safe and legal plan for exchanges and visits. This might involve using neutral locations or third-party facilitators.

Utilize mediation carefully

Mediation can sometimes help resolve disputes amicably, but you must do so in a way that respects the restraining order. An attorney can help you develop the best strategies for mediation under these circumstances.

Handling divorce proceedings while under a restraining order requires careful planning and strict adherence to legal guidelines. Following these steps can help you navigate this challenging situation.