by Jamie Martin

Created on: January 11, 2011

You should not automatically get a restraining order when you file for divorce. A restraining order should only be used in certain situations.  If everyone that goes through a divorce files a restraining order, it will only make the order ineffective in the long run.

Why should a restraining order be used when going through a divorce?  What situations should cause a restraining order to be used?  When our love for someone turns to hate, we may want to use the restraining order.  We obviously may never want to lay our eyes on that person again.  If the person of our contempt doesn’t want the relationship to end it may cause us a headache.  Should the restraining order be used in this situation?  Despite our disgust for the individual it still shouldn’t be used.

A restraining order should only be used if there is a possibly of physical harm.  If you are ending a relationship that involved physical abuse, you should file a restraining order.  We can assume that if you have been abused by the individual in the past, the individual will probably not be above being abusive again.  The abuse may even get worse, once that person feels they are losing their control over you.

A restraining order may be needed if you have been threatened.  If you are leaving someone and they make claims that no one else can have you or I will hurt you if you leave, a restraining order will be needed.  If you have children and you fear that they could be in danger because the relationship has ended, you’ll need a restraining order.  Custody cases can get ugly and a restraining order shouldn’t be second guessed if children are involved. Of course not all issues of custody will need the restraining order, but if a threat is made it probably will be needed.

Restraining orders are legally binding. If you do get a restraining order, make sure it is actually  needed. In most cases for divorce they most likely won’t be.  At a point of divorce there is normally two people who have no interest in being near the other. In a rare situation in which one individual may not be fully there, get the restraining order.  If there is abuse in the relationship get the restraining order.  If there has been any threats made a restraining order will be needed. If there are children and there is any potential risk to them a restraining order may be needed.

Other than those situations a divorce is not a reason to get a restraining order. The person you are leaving probably has no interest in ever seeing you again and the restraining order is not needed.

Learn more about this author, Jamie Martin.
Click here to send this author comments or questions.