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What to consider before filing a restraining order during divorce

On Behalf of | Apr 4, 2022 | Divorce & Legal Separation |

Sadly, physical or emotional harm is often an instigating factor of divorce. The Colorado Domestic Violence Fatality Review Board found that recent economic stability correlates with fatal incidences of domestic violence.

Domestic safety concerns give endangered spouses and partners reason to know their options for a restraining order while pursuing separation.

Types of protection orders

A spouse alleging abuse or harassment may request restraining order (or a “protection order.”). The state requires the submission of a temporary restraining order to start the process. The hearing typically happens on the day of the form submission. A judge grants the order if the plaintiff demonstrates proof of imminent danger. The protection lasts 14 days.

Police can provide a three-day emergency protection order for victims seeking protection outside of regular court hours. The victim should apply for a temporary order when the court opens, or protection may lapse.

After providing a temporary protection order, the judge holds another hearing to decide on granting a permanent restraining order. At any stage, the victim can avail themself of legal assistance.

Protection order during a divorce

A court can issue a temporary protection order during divorce proceedings. Parties should note that the order expires after the divorce proceedings. A fearful spouse should file criminal charges to gain a permanent restraining order.

Once a permanent order is in place, the adverse party must wait two years before requesting a judge to recall or modify an order. Violation of the protection order can lead to severe penalties.

An endangered spouse should guard their mental, emotional and physical health at all reasonable costs. Mistreated spouses have the right to protect their well-being by avoiding contact with a belligerent mate during separation proceedings.