The term "restraining order" often conjures images of physical abuse or dangerous scenarios. However, its application in family law, especially during divorce, extends beyond the prevention of violence. At Setzer Law Firm, we emphasize the broader, strategic utilization of restraining orders in safeguarding assets, ensuring child access, and securing a fair divorce outcome. This article aims to demystify the restraining order's role in divorce proceedings, highlighting its importance in various family law contexts.
Distinguishing Between Restraining Orders and Orders of Protection
In Texas, it's crucial to differentiate between an order of protection and a restraining order. While an order of protection responds to violence or threats, offering immediate safety measures, a restraining order serves a different purpose. It is a judicial directive safeguarding against the unauthorized movement or concealment of assets, manipulation of property division, or unwarranted restriction of access to children. This distinction underlines the restraining order's versatility in addressing non-violent yet contentious issues that can arise during divorce.
Assessing the Need for a Restraining Order
The divorce process is inherently time-consuming, and the interim period can lead to actions that might jeopardize a fair settlement. Reflect on the potential actions of your soon-to-be ex-spouse:
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Financial Concerns: Is there a risk of your spouse depleting shared bank accounts, transferring, or concealing funds? Assets such as real estate and investments are particularly vulnerable during divorce proceedings.
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Child Access: Beyond the fear of domestic violence, consider your spouse's potential actions regarding your children. Is there a risk of your spouse leaving the area with the children, either as a strategic move or an emotional response to the divorce filing?
The Role of Restraining Orders in Alleviating Divorce-Related Fears
Fears regarding financial stability and child custody are among the most significant concerns that deter individuals from pursuing divorce. Recognizing the utility of restraining orders in family law is crucial. Such knowledge can empower those on the brink of divorce, providing the confidence needed to initiate proceedings with a focus on protecting their interests and those of their children.
Open Communication With Your Legal Counsel
If the concerns mentioned resonate with your situation, we encourage open dialogue with our legal team at Setzer Law Firm. Expressing these worries allows us to swiftly secure a restraining order, offering a protective measure for your assets and access to your children. Transparency with your attorney is not just about vulnerability; it's a strategic step in safeguarding your financial security, ensuring child access, and facilitating a smoother divorce process.
For Assistance With a Restraining Order Call Setzer Law Firm
Restraining orders in the context of divorce extend far beyond the scope of preventing violence. They are a critical tool in the strategic planning of divorce proceedings, offering protection for assets and child access amidst the uncertainties of separation. At Setzer Law Firm, our expertise in family law enables us to navigate these complexities, ensuring that our clients are well-equipped to move forward with their divorce with confidence and security. If you're contemplating divorce and have concerns about protecting your interests, reach out to us. Together, we can navigate the legal strategies that best serve your needs and those of your family.