Respecting a Restraining Order While Going Through Divorce
Sept. 18, 2018
In some divorce cases, one of the spouses may get a restraining order against the other spouse – commonly known as a family violence order or temporary protective order– in order to keep an abusive spouse away from the children. Abuse may be emotional or physical, though in the context of restraining orders, it is usually physical in nature. In some cases, a spouse may even seek a restraining order against a spouse who abuses substances if the substance abuse negatively affects the children.
What is a Restraining Order
A restraining order is an order entered by a court that requires that a party stay away from one or more other parties. In most cases, a restraining order is sought by relatives, most commonly spouses. The subject of a restraining order must abide by its terms or faced serious sanctions. A restraining order is usually entered after a court hearing where the court reviews evidence of abuse. If you have a restraining order against you, you cannot go near a residence, workplace or school where the protected party may frequent.
Restraining Orders and Divorce
If you are involved in a divorce and have had a restraining order entered against you, you could face serious sanctions including, but not limited to, fines, jail time or even removal of visitation with your children if you violate the terms of the order. If the order is entered because you have been found to be abusive toward your children, the court may order supervised visitation or may completely remove your right to see yourchildren.
Punishment for Violating Family Violence Order
Violating a family violence order is a misdemeanor. In Georgia, misdemeanors are punishable with up to a $1,000 fine, jail time of up to 12 months, or both. While having a restraining order entered against you might make you angry, the order is in place to protect all parties involved. Violating the family violence order could also negatively affect your divorce proceedings, depending on the circumstances.
Contact our Georgia criminal law attorneys at Treadaway & Treadaway if you have been accused of violating a restraining order, or if someone is currently seeking to obtain such an order against you.