Orders of protection, also commonly known as restraining orders, can be valuable for those leaving violent relationships. They impose court-backed restrictions on individuals accused of stalking, threatening or abusing others.
Some people claim that orders of protection are not worth the paper they are printed on or the time invested to secure them. That perspective is often inaccurate. Orders of protection do not necessarily stop one spouse from abusing, threatening or stalking the other. However, they can play a key role in protecting someone leaving a marriage due to domestic violence.
What can an order of protection do?
First and foremost, an order of protection creates consequences for continued stalking or harassment. It allows the spouse who seeks the order to report attempts at contact, ranging from threatening emails to in-person visits at their place of employment.
If the other party repeatedly violates the order of protection, reporting each incident creates a compelling record of their misconduct. In many cases, the possibility of an arrest can deter a volatile person from violating the order.
An order of protection can also make it easier for spouses to seek support from the family courts. They can use their existing order as documentation when requesting that the courts not disclose their current living arrangements for their safety or when seeking supervised visitation or custody exchanges.
The more official documentation there is of an unsafe home environment, the easier it may be to navigate the divorce process safely. Leaving a violent relationship is one of the most dangerous times for spouses experiencing domestic violence. Working with an attorney to secure an order of protection and access other forms of legal protection for survivors of domestic violence can be beneficial from the earliest stages of divorce.
