Temporary Restraining Order
GENERALLY
A temporary restraining order is a court order that prohibits the other party from doing certain specified acts listed by the court. In a restraining order, a party may be prohibited from harassing, annoying, molesting or abusing a party, disposing of assets, changing insurance policies or beneficiaries, or any other such activity while the order is in effect. If you think a temporary restraining order would be a beneficial, the attorneys at Funkhouser Law will review this option with you. If a divorce is filed, the lawyer will file a motion with the court and the court will notify the other party of the terms in the temporary restraining order. This order will protect the client from the opposing party taking unilateral action while the divorce is pending. As soon as the divorce proceedings are over and a final decree is signed, the restraining order will be lifted and the terms of the divorce will be in effect for the parties.
BENEFITS TO A TEMPORARY RESTRAINING ORDER
In any divorce, there are many potential conflicts that can be avoided with a simple temporary restraining order. As the name suggests, this kind of restraining order does not last forever; generally, just while the divorce is proceeding. Such an order may be ideal to make the divorce proceed more smoothly and it may be necessary to avoid recurring conflicts.
Ask our experienced attorneys about how to get a temporary restraining order and to request to have one filed with your divorce. To consult with a lawyer call Funkhouser Law at 614-443-5404.
VIOLATING A TEMPORARY RESTRAINING ORDER
As soon a temporary restraining order is violated, the holder of the order must contact their attorney to raise the issue with the court. The party who broke the restraining order will then be required to explain to the court why they violated the terms of the order. This will either occur at a court hearing, for the judge to decide if the restraining order has been violated, or by agreement of the parties.