Many people use the word restraining order to refer to a temporary protection order, but there are some crucial differences between the two. If you're engaged in a divorce or family dispute, you may need a restraining order against your former spouse.
But a temporary protection order is usually reserved for criminal cases or cases where domestic violence has occurred. However, there has always been confusion surrounding a court order like this.
A protection order usually arises from a criminal proceeding, while a restraining order usually accompanies an underlying lawsuit. In the case of family law, the underlying lawsuit is most likely a divorce or legal separation.
However, a restraining order is not issued unless one of these legal actions exists. Since restraining orders must accompany an underlying lawsuit, they are not enforceable by the police.
A restraining order is not of a criminal in nature. Instead, they are used to "restrain" the other person from doing particular things, such as transferring funds out of a bank account or showing up at the other party's property or place of employment. Most divorce attorneys will utilize a restraining order to prevent certain acts from continuing or from interrupting the legal action of a divorce.
However, a temporary injunction is automatically in place as soon as a divorce is filed. This court order restrains both parties in a divorce from molesting or disturbing the peace of the other, from transferring or concealing marital assets or removing minor children from the state without the consent of the other party. It also prevents each party from transferring insurance without 14 days notice or written consent.
A divorce attorney can help you better understand whether a temporary protective order should be used in your specific case. So if you discover yourself in the damaging situation of dissolving your marriage, consideration to detail and willingness to listen to your matter are crucial in getting started on a positive path toward your future. If you need an accomplished, dedicated, and inspiring attorney to represent you, please call 1-562-270-9944, the law office of Fizer Law, the Top Divorce Attorney in Long Beach, CA.