How Can You Get a Temporary Restraining Order During a Divorce?

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(Newswire.net — July 20, 2020) — During the divorce process, there are divorce-related behaviors that can harm either party, harm the children, or even the property. Some of the negative actions can cause emotional, physical, or financial abuse or hardship to the vulnerable party. If such happens, you can take a restraining order to minimize or bring an end to such behavior.

You don’t need to wait until you have a pending case in court to take out a restraining order because the waiting might take long, causing you more harm. The temporary restraining order will help stop the abuses, protect properties and your children. Below is the process of getting a restraining order.

Processes of Acquiring Temporary Restraining Order

You need to file for your TRO within your county of residence. You will need to get TRO forms and fill them with accurate information regarding your case. In some cases, before filing it, your judge will ask you questions for clarity purposes.

You will then explain your reasons to the judge, clearly and straight to the point. Once you apply for a restraining order, the process takes the shortest time possible. It doesn’t need a court hearing or a defendant.

Finding Help

You can find help from an agency or a nonprofit organization to help you through the processes. Such agencies have adequate knowledge in domestic violence cases and will help you get a restraining order within the shortest time possible. 

Getting the help of Rancho Cucamonga divorce lawyer will assure you of acquiring the temporary restraining order, which will help you find rest and peace of mind until your divorce case is settled.

Warning

There are relevant documents or items that you need to protect when filing for a TRO. Consider protecting the tools so that the other party doesn’t understand what you are doing.

This will help you to avoid further abuse and possibly ruining the whole application process. For instance, if you have computers or devices that your spouse can access, you can protect them with a password or keep them away from their reach.

When making calls, you need to keep them secretive from your spouse and delete all message trails that show any evidence concerning the application process. You can use a friend’s device or a computer at a public place to avoid any issues arising from such tools. Your spouse can use GPS, home security cameras, or car trackers to monitor you.

Get Paperwork

Paperwork can be too demanding, and it involves a lot of work. You will need the help of a Rancho Cucamonga divorce lawyer for a smooth process. The lawyer understands the process and can easily acquire all the forms required for the paperwork.

The advantage of this process is that you don’t need to give the defendant any notice. Once the forms are available, you will need to do the following:

  • Complete the arrangements with the help of your lawyer by describing the types of abuses from the defendant. It would be best if you were as detailed as possible.
  • Submit the defendant’s documents, such as ID or any report showing the person’s identification to your local courthouse.
  • The court clerk will submit the documents and forms to the judge and the judge will give his verdict.
  • You will be given the date for the hearing of a PRO by the court.
  • Inform the defendant about the notice, the location, date of hearing, and the time.
  • During the hearing, you will need to give trustworthy information about the abuse, stalking, or harassment and give reasons why you need protection against the defendant.
  • On the same day of the hearing, the judge will decide on the circumstances of issuing a permanent restraining order.

Get a Smooth RTO Application Process

Applying for an RTO is not an easy task, especially when it comes to paperwork. You may also lack relevant information about the application process. This is why you need the help of a Rancho Cucamonga divorce lawyer to get you through the process seamlessly.