Recognizing the Need For A Divorce
Do You Wish To Lift A Restraining Order During Divorce? How Your Attorney Can Assist You
Jackson Robinson
Usually, restraining orders serve to protect people who feel their lives are in danger. However, these orders are not permanent, and you can request the court to lift them when necessary. For instance, doing so might be necessary if your partner seems to misuse the orders to get back at you for divorcing them or when your relationship with your kids starts deteriorating. However, you'll need to enlist the help of a family law attorney in requesting the judge to change the order terms. Professional legal assistance may be more necessary in the following situations.
When Lifting an Order Affecting the Children
A restraining order can damage your relationship with your children, especially if it only allows you to have little or no contact with them. The sudden lack of interaction can confuse the little ones and affect them psychologically. This situation is a good reason to file a case in court, requesting the judge to lift the restraining order. But first, seek the opinion of a lawyer. Typically, your attorney will evaluate the situation and devise strategies to convince the court to restore your parental rights. For instance, they will highlight to the judge the impacts of the orders on the little ones. That way, the court could restore your visitation and parenting rights.
When Lifting the Orders for Divorce
Most times, a restraining order is lodged by the partner who's against the divorce. Unfortunately, such orders make it challenging to work together as partners toward the dissolution of the marriage. In turn, it complicates the process and prolongs it for several weeks or months. Your lawyer can help you avoid such situations by petitioning the court to lift the order, even temporarily. Lifting the order will enable you and your partner to dissolve your marriage as planned and within the shortest time possible.
While you have a right to lift an order, you shouldn't threaten your partner after that. Instead, you must ensure a fair and reasonable playing ground when discussing child custody, asset division, and spousal support. In that regard, allowing your lawyer to handle the negotiations is advised. That way, you'll steer clear of disagreements that might lead to confrontations. Your attorney will represent your interests in the discussions to ensure you get favorable terms on all aspects of the divorce.
A family law attorney can offer valuable assistance when you want to ask the court to lift restraining orders. They will help you complete the necessary paperwork and present the required evidence in court. Their help will boost your chances of success in court.
For more information, contact a local family law attorney.
Share
My husband and I had a great marriage for about ten years--that is, until he started cheating on me. I found out about it from a friend, and once I started peeling off the layers of my husband's lies, I realized that we hardly had anything to salvage in the first place. I decided that it would be best to get divorced, but I knew that it would be painful and difficult. This blog is for anyone out there who needs to gather the strength to get divorced. Check out these posts to learn more about the process and how the right lawyer can help.