In a perfect world, divorce would be simple. But when emotions run high, sometimes protective orders are needed. When relationships cross the line between arguments and physical confrontation, protective orders can provide a couple with some long-needed time out to cool down. Learn more about how protective orders affect an Oklahoma divorce, and when you need a Muskogee protective order attorney.
Understanding Protective Orders
Protective orders are often called restraining orders. A court issues a protective order or restraining order to both restrain a person from engaging in harmful acts and to protect the potential victim from the harm these acts cause.
Long used in situations of domestic violence, protective orders can also be used in a divorce context. Protective orders prohibit all contact between two people. That prohibits all phone calls, texts, emails, social media contact, and contact through intermediaries such as family or friends.
They often contain distance orders that prohibit a person from coming within a certain number of feet of the other. This is to ensure there is no contact. This often requires one of the partners to vacate the home immediately if they have not done so already.
Protective orders are useful when there is a fear that one partner may act on their anger toward the other partner in physically or emotionally harassing ways. Sometimes, a judge may restrain both parties from contact with each other. The reciprocity of the order can sometimes take the sting out of the prohibition.
The Pros And Cons Of Protective Orders In Divorce Cases
Protective orders can provide much-needed time for anger to cool between partners who often say or do things without thinking. This plus often outweighs some of the cons of using restraining orders.
When contact is prohibited, it can make the logistics around handling the divorce and resolving issues more difficult. However, if both sides are represented by counsel, settlement negotiations and other details can be handled by the attorneys.
When asking for a protective order, most people have no idea how it will affect the family. Most of the time, the spouse seeking the protective order has not thought through this aspect of the process.
When children are involved, protective orders can be particularly difficult with regard to custody and visitation. Sometimes, visitation is suspended. But protective orders can be difficult on the extended family as well.
A partner may choose to ask for a protective order to make life difficult for the person being restrained. This provides the spouse asking for the order with some leverage during the divorce process, especially if they seek sole custody of their children.
This can make an already difficult situation much worse. It makes it extremely difficult to work together and co-parent children. In addition, spouses with mutual protective orders can be seen by the court as uncooperative and contentious parents.
An Attorney Can Help
Whether a spouse is seeking the order or trying to convince the court that an order is not needed, having an Oklahoma family law attorney represent them at the hearing can help. A Muskogee attorney can help the court understand the dynamics and motivations of the parties involved and whether the protective order is appropriate.
These orders can last a long time, up to two years. Hence, it is important to use them only when necessary.
Consult With An Experienced Muskogee Family Law Attorney Today
Divorce is difficult. It is a period of high stress. Having experienced legal counsel by your side can help you bypass many of the stresses of divorce and can help you and your children navigate this difficult terrain and move on with your lives. Bring your questions regarding protective orders to an experienced Muskogee divorce attorney today.
I have the skill, knowledge, and compassion to help ensure that your rights are well protected throughout the divorce process, so please allow me to help guide your case toward its best possible resolution. Call 918-884-7774 today. I am here to help.