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Make Something Beautiful Out Of The Broken Pieces

What should I do if I need a restraining order before a divorce?

Sometimes divorces can be a smooth, amicable process. However, other times, when there is abuse involved, the divorce process can be scary. But, a restraining order can bring some semblance to that process.

Order of protection

The first questions before looking for a Minnesota restraining order is figuring out whether one qualifies for an order for protection. An order for protection can be filed for oneself and a minor child. They are filed against one who has committed domestic violence against the filer or their minor child. Accordingly, if one’s spouse has committed domestic violence against the filer or their minor child, they can apply for an order for protection.

It should be noted though that the children themselves can file on their own behalf, if they are aged 16 or older. But, the child must have sufficient maturity and judgment, otherwise, the order of protection must be filed by the spouse not committing domestic violence.

Restraining order

If, for some reason, the court will not grant or one does not qualify for an order for protection, they may still qualify for a Harassment Restraining Order. This is done by going to the district court in the county where one lives, where the harasser lives or where the harassment took place. The judge can issue the order without the other party present. If it is granted, it will be effective until a formal hearing is held for a final restraining order.

The key here is that if one is thinking about divorce, but is afraid of their spouse, there are options. An order for protection or a Harassment Restraining Order can help stop the abuse by removing the abuser from the home, but these often require an experienced divorce attorney to navigate the system and protect one’s interests.