Restraining Orders In A San Jose Divorce Protect Your Safety, Financial Security, and Peace of Mind
Getting a divorce in San Jose is inherently stressful. Between all the complex feelings involved, practical matters addressed in divorce proceedings, and concerns about the future, tempers can easily flare. This can cause your soon-to-be former spouse to act out or otherwise engage in potentially dangerous behavior.
Divorce-related restraining orders can help protect your safety, financial security, and peace of mind. Our San Jose divorce lawyer explains the common types of restraining orders available through the Santa Clara County family court and when to consider getting one.
Types of Restraining Orders in A San Jose Divorce
Different types of restraining orders are available through the California Courts, and each serves a specific purpose. The ultimate goal is to protect you against behavior that puts your health, safety, or finances at risk. Common types of restraining orders issued in San Jose divorce cases include:
- An emergency protective order (EPO), which is a short-term order issued by law enforcement to provide immediate protection, typically lasting up to seven days;
- A permanent restraining order, issued via a judge in scheduled court hearings;
- A temporary restraining order (TRO), which protects you while waiting for your hearing.
These orders can include provisions requiring your spouse to leave your home, refrain from further contact, and may address spousal support, child custody, and other relevant matters.
The judge in your case will issue an automatic temporary restraining order (ATRO) once you file a divorce petition. This is standard practice and prevents either party from taking children out of state, withdrawing retirement funds, and selling or otherwise depleting marital assets during the divorce process.
Reasons to Seek a Restraining Order During Santa Clara County Divorce
The end of a marriage is never pleasant. However, when your spouse’s behavior puts you or your children at risk, a restraining order provides important protections. Common reasons to seek a restraining order when filing for divorce through the Santa Clara County Family Court include:
- Your ex is violating your boundaries, such as bombarding you with phone calls and appearing uninvited at your home or work;
- They engage in emotional abuse or harassment, such as persistent verbal attacks, intimidation, or stalking;
- They have destroyed or threatened to destroy or damage your property;
- There has been physical abuse or threats to harm you, your family, or your pets;
- You fear for your personal safety or that of your children.
Contact Our Experienced San Jose Divorce Lawyer And Request A Consultation Today
Going through a divorce in San Jose is a highly charged and stressful experience. If your spouse acts out and threatens your safety or financial security, getting a restraining order can provide important protections and peace of mind.
At Argyris Mah, LLP, we offer caring, comprehensive legal representation to clients in Santa Clara County divorce proceedings and can guide you in putting a restraining order in place. To discuss your options, give us a call or contact our office online. Request a confidential consultation today with our experienced San Jose divorce lawyer.
Sources:
selfhelp.courts.ca.gov/types-restraining-orders
santaclara.courts.ca.gov/divisions/family-division
