Restraining Orders

Family Law Restraining Orders

Although they are mostly thought of only in the context of domestic violence, there are actually two types of restraining orders — the lesser known of which is the family law restraining order typically used in connection with a divorce. These restraining orders are typically sought and issued early on in the divorce process and can be used to prevent a spouse from hiding or selling marital assets, taking the kids away, or otherwise causing irreparable harm while the matter is still pending.

At the Family Law Offices of Wil R. Mullins, we provide guidance, information and proactive legal representation designed to fully protect our clients’ rights and interests.

Domestic Violence Restraining Orders

The Domestic Violence Temporary Restraining Order (DVTRO) is an order of the court stating that a person is to refrain from particular acts and to stay away from particular places. In most cases, DVTROs are issued after the victim, or their lawyer, files an "ex parte application" (an emergency appearance in court by one party possibly without the other being notified of the court appearance).

In addition to the temporary restraining order being issued, a review hearing is scheduled so that both parties will have the opportunity to explain to the court the reasons why a permanent restraining order should or should not be issued. For this reason, a DVTRO becomes effective only once it has been served on the restrained person (again, so that he or she has notice and can exercise his or her due process rights by having an opportunity to be heard).

DVTROs are often issued the same day they are requested and remain in effect until the scheduled review hearing, which is usually set to occur within 20 days. If, after that hearing, a permanent restraining order is issued — that order will last up to five years and it will essentially leave the abuser with only a slim chance to obtain anything more than supervised visitation with their children, for a long time, absent other intervention.

There can be tremendous consequences related to both a temporary and a permanent DVTRO. These include child custody, child visitation, child support, spousal support, and even where the parties may live. They may even affect your employment.