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how to get a divorce with a restraining order

Getting a divorce when there is a restraining order involved can be a complex process. It’s essential to prioritize your safety and follow legal procedures carefully. Here are the steps to consider:

  1. Ensure Your Safety:
    • If you have a restraining order against your spouse, prioritize your safety and follow the terms of the restraining order diligently. If you feel unsafe, contact the police or your attorney.
  2. Consult an Attorney:
    • It’s highly recommended to consult with an experienced family law attorney who can guide you through the divorce process, especially when there is a restraining order in place.
  3. File for Divorce:
    • Work with your attorney to file for divorce in the appropriate court. Provide all necessary information, including details about the restraining order.
  4. Notify the Court About the Restraining Order:
    • Inform the court about the existence of the restraining order when filing for divorce. This information is crucial for the court to make informed decisions regarding child custody, visitation, and other matters.
  5. Temporary Orders Hearing:
    • In some cases, a temporary orders hearing may be scheduled to address immediate issues, such as temporary child custody and support arrangements. Your attorney can represent your interests during this hearing.
  6. Attend Court Hearings:
    • Attend all scheduled court hearings as required. Your attorney will advise you on what to expect and how to prepare.
  7. Follow Legal Procedures:
    • Comply with all legal procedures and court orders related to the divorce process. Failure to do so can have negative consequences for your case.
  8. Child Custody and Visitation Considerations:
    • If you have children, the court will consider their safety and well-being when determining child custody and visitation arrangements. The restraining order will be a crucial factor in these decisions.
  9. Property and Asset Division:
    • Work with your attorney to negotiate and reach a fair settlement regarding the division of marital property and assets. The restraining order may affect how property is divided.
  10. Spousal Support and Child Support:
    • The court will also consider the restraining order when determining spousal support (alimony) and child support payments.
  11. Finalize the Divorce:
    • Once all issues are resolved, the court will issue a final divorce decree. This decree will outline the terms of the divorce, including any ongoing provisions related to the restraining order and other matters.
  12. Enforce the Restraining Order:
    • Continue to follow the terms of the restraining order after the divorce is finalized. If your ex-spouse violates the restraining order, report it to law enforcement.
  13. Update Your Personal Information:
    • Ensure that your attorney and relevant authorities have your updated contact information to maintain your safety and effectively enforce the restraining order.
  14. Keep Records:
    • Maintain records of all interactions with your ex-spouse, including any violations of the restraining order. This documentation can be valuable in case of future legal issues.

Navigating a divorce with a restraining order can be emotionally and legally challenging. It’s crucial to have the support of a knowledgeable attorney who can advocate for your interests and ensure that your safety is a top priority throughout the process.

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