How do I get an immediate Restraining Order in a Divorce?
Full Question:
Answer:
A legal separation is used to decide issues such as property division, child custody and visitation, etc. when the couple is in agreement on the issues. I'm asuming from your question that this is not the case. A restraining order to prevent a spouse from depleting assets, or to prevent a spouse from entering the marital home or accessing the children is typically granted as part of the relief requested in a complaint for divorce or domestic violence. It is possible for the court to issue a temporary order before the final divorce decree is issued.
Generally, a spouse has a right to reside in the marital residence unless otherwise agreed or ordered by the court. Usually each spouse has as much legal right to be in the marital residence as the other, until a court orders a spouse to have "exclusive possession" of the matrimonial residence, or one spouse agrees to move out. It is possible to create a separation agremement providing for only one spouse to have possession of the premises. Simply not wanting to live with your spouse isn’t sufficient grounds to lock him or her out of their home. However, if you have grounds to fear immediate violence, it may be reasonable to lock your spouse out until the police can be contacted and a restraining order obtained. Emergency, temporary court orders can be obtained in extreme circumstances.
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