Divorce is never an easy process, and it can be especially difficult when you feel unsafe around your spouse. In such cases, you may have requested and obtained a restraining order against your spouse. But can you use a restraining order to get divorced?
What Is a Restraining Order?
A restraining order is a court order that prohibits an individual from contacting or coming within a certain distance of the person who filed the order.
The purpose of a restraining order is to protect a person from physical abuse, harassment, stalking, or threats by another specific individual.
There are several types of restraining orders in California, including Domestic Violence Restraining Orders, Civil Harassment Restraining Orders, Elder or Dependent Adult Abuse Restraining Orders, and Workplace Violence Restraining Orders.
The type of order issued depends on the relationship between the two people involved and the nature of the harm or threat.
Can I Use a Restraining Order To Get Divorced?
While a restraining order can give you the protection you need from an abusive spouse or partner, it does not grant you a divorce automatically.
Divorce is a separate legal process that requires its own set of paperwork, hearings, and court orders.
If you want to get a divorce, you will need to start a court case. This initiates the legal process of ending your marriage, and it is a separate process from obtaining a restraining order.
Remember that in California you don’t need to prove that your partner did something wrong to cause the divorce (this is known as “no-fault divorce”).
In fact, you can get a divorce in California even if the other person doesn’t want one.
Wrapping It Up
In short, obtaining a restraining order doesn’t mean that . However, if you feel unsafe around your spouse or partner, obtaining a restraining order can provide you with the protection you need while you navigate the divorce process.
It is important to remember that divorce is a separate legal process and that California is a no-fault state when it comes to divorce, meaning that you are not required to prove that the other person did something wrong to cause the divorce.
Disclaimer: This blog post provides general information about domestic abuse. It does not provide legal advice. Victims should consult with a legal professional for advice related to their specific situation.
Are You a Victim of Domestic Violence or Abuse? DVAP Is Here To Help
Domestic Violence and Abuse Protection, Inc. is a non-profit organization committed to protecting the victims of domestic abuse.
When restraining orders are not enough, we are there to provide the determined protection you deserve. We are located at 3900 Orange St. Riverside, CA. Call us at (951)-275 8301 (24 hours). Alternatively, you can email us at admin@dvapriverside.org
