While most separating couples want to keep their divorce civil, this may unfortunately not always be the case. During the process of separating, emotions can run high which may cause one of the spouses to act out in an inappropriate manner. This can, in turn, become harassment of the spouse or children and if this happens getting a restraining order may be an effective tool for stopping this behavior. If you are looking for a restraining order, a Hicksville divorce lawyer like Simonetti & Associates can help.
When to get a restraining order
Restraining orders, or orders of protection, during a divorce are normally needed in cases when domestic abuse, harassment, or stalking has occurred. If needed the order of protection is put in place to keep the spouse and/or children safe and away from abuse or harassment. A restraining order can help by making sure the ex does not have contact with you or your children, which can include face to face, phone calls, or letters. And also this can give temporary custody or arranged visits until the divorce is completed.
Steps to getting a restraining order
The first step when looking into getting a New York state restraining order is to talk with your divorce lawyer and decide if this is the best course for you. If you and your lawyer decide to continue the next step will be to go to family court and fill out an order of protection file called “Family Offense Petition.” After reviewing the petition, and the judge believes there is cause for the order he/she will issue you a temporary order of protection, a temporary order of custody may also be issued if requested. This order will last until the next time you are in court and will usually be extended until you can have a full court hearing. After this hearing, a final order of protection may be issued, which can last up to 5 years. If you decide you want to start taking the next steps to getting a restraining order contact Simonetti & Associates and talk to a Hicksville divorce lawyer.
How can we help
Deciding to get a restraining order during a divorce can be a difficult discussion and many people do not know if their case has enough evidence to file for a restraining order. If you believe you need a restraining order for your divorce contact Simonetti & Associates. A Hicksville divorce lawyer on our team can help guide you through the steps of filing for the restraining order.