If you are going through the divorce process with an abusive spouse, you can request orders of protection from the court, such as a temporary restraining order. This will ensure your spouse remains away from you and does not contact you, with significant penalties if they disobey.
When a restraining order is in place, this could affect the way you navigate your divorce hearings. Here’s a quick overview of what you should know.
Attending hearings when a restraining order is in place
First, it is important to note that if your spouse disputes the restraining order, you might need to attend a hearing so the judge is able to hear your side of the matter.
If you have any concerns about being in the room at the same time as your spouse, be it for this initial hearing regarding the restraining order or for any hearings that follow, you can discuss this with the court clerk or other court officials before the hearing so the court can make arrangements. In most cases, the court will be able to accommodate requests to keep you separated from your spouse, especially if there is a history of abuse.
Once a protective order is implemented, your spouse is required to follow the rules to the letter. If they fail to do so, you can contact police and have your spouse arrested. Violation of restraining orders may result in jail time. And if you feel you are in immediate danger, call 911.
Otherwise, the rest of the divorce process will proceed as it normally would, just with special accommodations in place to keep you separate from your spouse during court processes.
To learn more about how spousal abuse can affect divorce hearings and outcomes, contact an experienced Minnesota divorce lawyer at Appelhof, Pfeifer & Hart, P.A.
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