The process of going through a divorce takes an emotional toll on those involved, and can sometimes bring out the worst in even the nicest people. When it comes to your safety and the safety of your children, you can never be too careful, which is why restraining orders are common during a divorce.

What constitutes harassment by ex spouse?

Harassment is when an abuser intentionally causes emotional harm to a victim on a regular basis. Any consistent abusive behaviors during a divorce may be harassment. During a divorce, your spouse may behave inappropriately toward you and your children. Your spouse may threaten, stalk, or even assault you.

Can I sue my ex for harassment?

No, you cannot sue her for harassment. However, if she is bringing up frivolous issues, you may be able to get her to pay your attorney fees.

What is a TRO in legal terms?

Temporary Restraining Order (TRO) When you go to court to ask for a civil harassment restraining order, you fill out paperwork where you tell the judge everything that has happened and why you need a restraining order. If the judge believes you need protection, he or she will give you a temporary restraining order.

Do no contact orders go both ways?

Both work the same way, but the pretrial order is issued before your case is heard and the post-conviction order is issued afterward. Keep in mind that NCOs only restrict your behavior as far as making contact and do not pertain to the behavior of the alleged victim.

Can a restraining order be filed before a divorce?

But when there has been domestic violence within the family, the affected spouse may not wait until the divorce is final. They may seek an order of protection–i.e., a restraining order–against the other spouse. When this happens, what does it mean for the divorce itself?

How long does an order of protection last after divorce?

The resolution of a divorce case does not necessarily mean the end of an order of protection. Such orders may continue in force for several months or years depending on its terms. It is also possible that criminal domestic violence charges may be separately brought against the accused spouse.

Where can I get help with a restraining order?

Even if you’re facing a restraining order, there are available options. Call The Men’s Legal Center in San Diego. The main lesson to learn during your divorce process is to be prepared for just about anything. For example, some restraining issues are based upon completely bogus claims.

Can a judge issue a restraining order in New York?

Depending on the facts and circumstances of a case, a New York Family Court judge can issue an order of protection that may include any or all of the following: Require the respondent spouse to “stay away” from the petitioner spouse and their children;