Do you need a restraining order during your divorce?

On Behalf of | Jul 22, 2024 | Divorce, Domestic Violence |

Going through a divorce can be challenging, especially when dealing with domestic violence. In New Hampshire, you have legal options to protect yourself, such as obtaining a domestic violence restraining order. Understanding when and how to seek this protection can be crucial for your safety.

When to consider a restraining order

You should consider filing for an order of protection if you experience threats, harassment, or physical harm from your ex-partner. These orders offer safety and peace of mind during this difficult time. New Hampshire offers several types of restraining orders, depending on your situation. Some protect against physical violence, while others address stalking or emotional abuse.

How to file for a restraining order

Getting a restraining order involves several steps. First, you must file a petition with the court, providing evidence showing you are in danger. This evidence might include messages, emails, or witness statements. Once you file, the court usually issues a temporary order quickly, often on the same day.

After filing for a restraining order

The court will schedule a hearing once the temporary restraining order is in place. Here, you and your ex-partner can present your sides of the story. The judge will decide whether to make the restraining order permanent based on the evidence and testimonies.

Impact on your divorce

A restraining order can significantly impact your divorce. If children are involved, it might affect custody decisions and influence how the courts divide your property. Prioritizing your safety in these proceedings is vital.

Immediate actions if the situation escalates

If you ever feel your safety is compromised, contact local authorities immediately. A restraining order is a legal tool, but immediate threats require immediate action. Safety should always be your top priority.

Obtaining a restraining order during your divorce can provide the protection you need. Understanding the process and taking the necessary steps can help you navigate this challenging time safely.

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