Spousal Stay-Away Orders
These Orders Are Commonly Issued From Family Law Courts
These types of restraining orders are taken very seriously by the courts. They are issued by the court to prohibit one of the spouses from doing or not doing something perceived as potentially harmful to the other spouse or children.
Restraining orders can affect custodial rights.
Stay-Away Orders Backed By Courts Contempt Power
The most common type of restraining order is the “stay away” order which legally prohibits one spouse from being near the other spouse or children. Intentionally violating a restraining order is a criminal offense and constitutes contempt of court.
Restraining orders usually require that the moving party, the spouse seeking the restraining order, offer up evidence to the court of abusive and or potentially harmful conduct committed or likely to be committed by the other spouse.
If the court issues a restraining order, the court has likely been convinced that one of the parties is not acting as a responsible parent and, therefore, can influence the court’s decision to determine that party’s custodial rights later.
General Procedure For Obtaining A Stay-Away Order
The legal rules and procedures necessary to obtain a restraining order depend entirely on your state’s laws. For this reason, we are using the State of California as a general guide to familiarize you with how most states deal with the restraining order process.
What You Can Likely Expect From The Court Process
The following are general requirements and the types of information most courts will require from you. All courts have forms that will assist you in the step-by-step process, which will help you manage the process.
The better prepared you are to provide the court with all relevant and required the higher the likelihood that you will be granted a restraining order and other remedies described below.
Filling Out A Domestic Violence Restraining Request
The first step in getting a domestic violence restraining order is to inform the court about the abuse you’ve experienced and the protection you want.
This is accomplished by filling out a set of court forms. This usually takes one to several hours to review and fill out for most people.
It’s best to start with the most recent abuse first, even if it is not the worst abuse.
Describing The Abuse
Write Down All Major Events Of What Happened
The judge needs facts in making their decision. For example, if the person has been harassing you, tell the judge what the person specifically did to you, how many times they harassed you or made contact with you, and what they said and did in each incident. If you have proof, such as emails or text messages, make sure to include them with your request.
Not Recalling All Dates And Specific Events
Once you finish writing about the most recent event, it’s advised that you write about any other incident you want the judge to know about, including the worst of the abuse. Give as much detail as possible for each incident and if you can, provide specific dates. While exact dates are preferred, approximate dates are also acceptable at this stage of the court proceedings.
If you need to remember the exact day something happened, give an estimate and write down that it is an estimate. For example, One incident occurred in the early evening hours about a week before Christmas. My estimate is likely December 20th, 2022.
Detail What Specific Orders You Want
Are You Requesting A “Spousal Support” Order?
If you are married to the other side or have a registered domestic partnership, you can ask the court to make the other side pay you spousal support.
Spousal support is the amount of money the abused spouse will need to help with living expenses. If you file one, you can also ask for spousal support in a divorce or legal separation case. This step is an optional part of your restraining order request.
The judge examines the approximate amount the spouse requires to pay their expenses and whether the alleged abuser makes a sufficient amount to meet that need.
Are You Requesting A “Child Support” Order?
A child support order is the amount of money a parent must pay monthly to support the child. To decide who will pay child support, a judge will look at both parents’ ability to pay child support and the time each parent spends with their child.
Most of the time, child support is paid to the parent who has the child most of the time, also called the primary custodial parent.
Make Sure To Give Notice Of The Court Hearing
The judge or its available family court support staff will likely assist you in completing the necessary forms. One of the requirements is to give prior notice to the accused of the day and time of the hearing so that they will have an opportunity to attend to explain or oppose your request.
Divorce Attorneys
If you have specific questions or require additional information about your legal rights and obligations, consult a verified Divorce Attorney as soon as possible.
