Experienced Family Law Attorney You Can Trust

When should you consider a protective order during divorce?

On Behalf of | Jan 31, 2023 | Divorce |

Divorcing your spouse can make you feel uncomfortable and scared, particularly if your spouse exhibits a pattern of abuse. You might feel fearful for your well-being, as well as that of your children, and have concerns about retaliation.

At the same time, you may feel hesitant to request a protective order because you do not want to upset your partner and cause more tension. Knowing when to consider protection can help you make a confident decision about your situation.

Protective orders

Abuse can have many forms including physical, sexual, financial and emotional. According to the California Courts, examples of when to seek a protective order include the following:

  • Your partner threatens you
  • Your partner physically assaults you
  • Your partner destroys your personal property
  • Your partner repeatedly harasses you
  • Your partner stalks you and exhibits controlling behaviors

There are various types of protective orders under California law, but the one you would most likely request is a Domestic Violence Restraining Order. Having evidence of your concerns can reinforce your claims.

Asking for help

Divorce could make circumstances extremely volatile for you and the people you love. Prior to making any major moves, such as filing for divorce or petitioning for a protective order, have an emergency plan in place. For example, confide in a close friend or family member about your plan. Set aside cash. Discreetly pack a getaway bag for yourself and your children. Know where you will go once you set your plan in motion. Taking precautions to safely distance yourself from your partner might save your life once your plan comes to life.

You deserve to feel safe and supported during your divorce. If domestic violence is an issue in your home, a protective order could provide considerable protection during a dangerous time.