When people talk about restraining orders, the focus is almost always on violent behavior. The state can issue restraining orders against individuals who have engaged in domestic violence, made credible threats or stalked another person. However, restraining orders don’t always relate to pre-existing misconduct. Sometimes, people end up subject to restraining orders in an attempt to prevent misconduct.
It is standard practice for the family courts to impose certain restraining orders when people file for divorce or legal separation and request these kinds of interventions. Those restraining orders limit certain activities until the spouses complete the divorce process. The following are the common kinds of restraining order terms used in divorce scenarios.
Restrictions on parental activity
State statutes empower the courts to prohibit parents from engaging in certain behaviors while preparing for divorce. Generally speaking, parents cannot make major decisions without the consent of the other parents of a child’s medical care or education. They also cannot leave the jurisdiction with the child when there is a divorce in progress in the family courts. They cannot obtain a new passport or renew an existing one without the consent of the other parent. Those restraining orders help to ensure that neither parent violates the basic parental rights of the other before the courts resolve parenting matters.
Restrictions on economic behavior
It is also standard practice for the courts to impose limits on financial activity during a divorce. Specifically, spouses usually have to avoid transferring funds, wasteful spending and the destruction of marital property. They may not be able to use shared credit cards after the initial divorce filing. They also cannot sell marital or quasi-marital property. The goal of such restrictions is to preserve the marital estate and prevent scenarios in which one spouse dissipates marital property to manipulate the outcome of property division proceedings.
Restraining orders issued as part of family court proceedings can feel frustrating but effectively serve to protect the entire family unit. After all, people going through divorces can make emotional and therefore irrational choices. Learning more about what to expect during a divorce can help people prepare for a filing or respond to service. Limits on parenting and economic activity are standard, and those who discuss restraining orders with their lawyers can more effectively avoid violating them.