Pros And Cons Of Getting A Restraining Order During A Divorce
One of the many types of paperwork that may be applicable to you during a divorce is a restraining order. While this order is commonly associated with people who have stalkers, it can also have a place when you're getting divorced. It's a good idea to discuss the idea of a restraining order with your divorce lawyer if you think that one is appropriate, as well as be cognizant of the many pros and cons of this order at this time in your life. Here are some examples.
Pro: It Can Prevent Bullying And Coercion
A divorce is always difficult, but it can be even more challenging when one spouse attempts to coerce or bully the other. This is common in contentious relationships, as they frequently lead to contentious divorces. For example, one partner can taunt the other, saying that he or she will have to make large alimony payments or that he or she won't get custody of the children. A restraining order makes it unlawful for you to communicate, which can prevent unwanted issues at this time.
Con: It Can Make Things More Challenging
On the flip side, getting a restraining order during a divorce can slow down the proceedings and makes things more challenging. With this order in place, communication with your spouse will be difficult. Instead of conferring over financial matters or matters related to your children, you'll need to send word through your respective attorneys. If you're getting along satisfactorily, you may wish to skip the restraining order.
Pro: It Can Make You Feel Safer
There's little question that spouses can feel in danger during a divorce. For example, if you've filed for divorce and you're afraid of your spouse's reaction, you might have a legitimate reason to worry about your safety. The presence of a restraining order can make you feel a lot more secure. Remember, a divorce can take a long time to get through, and you don't want to live in fear for these weeks or months.
Con: It Can Add Further Strains
A relationship that is headed for a divorce is already strained, but the addition of a restraining order can sometimes make the relationship worse. The partner who has the order placed against him or her will often have a mindset of, "How could you do this to me? I'm not the villain," and this can make this partner potentially want to fight for more in the divorce or purposely draw things out. Your divorce attorney will have some insight, based on your case, on whether a restraining order is appropriate or not.