Last Updated on: 28th July 2023, 07:15 pm

When Divorce Isn’t Enough: The Extra Line of Defense

Picture this. You’ve decided to end your marriage. Divorce is something that’s been swirling around in your mind for quite some time. You may have even taken steps to live separately from your spouse. But unfortunately, the storm hasn’t passed yet if you’re dealing with an abusive spouse. In these cases, the process of divorce and the decision to separate won’t automatically shield you from your abuser. In fact, you might need that protection sooner than you can finalize your divorce. And that’s when entering the world of restraining orders with Todd Spodek and the Spodek Law Group really takes center stage.

The Power Punch of a Restraining Order

Now, here’s the gist of our strategy with restraining orders. This is a bold move that bursts into effect before you’ve even filed for divorce and holds strong even long after the divorce dust has settled. Basically, a restraining order slaps a big red STOP sign in front of your abuser. It prevents them from spreading their venom, be it:

• Stalking you
• Invading into your personal spaces like your home, your workplace, or kids’ schools
• Harassing, assaulting, or even threatening you through any communication mode.

Now, don’t get cozy yet. A restraining order is much more than a no-contact charm. It also bars the abuser from owning firearms and could mandate them to attend anger management or domestic violence counseling. Plus, you’ll be covered for any attorney fees you stack up while fighting for a restraining order.

Securing the Kids’ Future: A Parallel Chess Game

Let me be blunt here. If you’re aiming for permanent custody of the kids, a restraining order isn’t a sure bet. Sure, you can ask that the kids stay with you within the order, but you’ll need to play a separate game of chess to seek custody or visitation. In a custody lawsuit, the court’s priority is the best interests of the children when deciding custody and visitation rules.

Laying the Ground for a Restraining Order: The Must-Haves

Alright, now comes the tough part. Qualifying for a restraining order isn’t a cakewalk. You need solid evidence showing a pattern of abuse or that your safety or your kids’ safety is under threat. Contact with your spouse or ex-spouse isn’t limited to physical abuse like kicking, pushing, or grabbing. It ain’t just about the bruises and scars. We’re talking about the silent killer—emotional and mental abuse.

Think about these scenarios:

• Threats of violence or suicide
• Confinement, trespassing, depriving you of property or finances
• Harassment through phone calls, texts
• Stalking or cyberstalking
• Inflicting emotional distress through social media or reckless driving

Bear in mind, this isn’t an exhaustive list, and we can help guide the conversation to cover all potential ground.

Taking the Bull by its Horns: Filing for a Restraining Order

Getting a restraining order is not Netflix and Chill, I tell you. You need to go the whole nine yards with documents and details—names, ages, actions that you believe show abuse, dates of those actions, residence details, vehicle possession, custody needs, and more. But worry not. Our team at Spodek Law Group can navigate these tricky waters for you. We’ll help you fill the forms, wrestle with the details, and represent you in court.

The Quick-Fix: Ex Parte Order

There’s an ace up our sleeve if harm has already struck or is knocking on your door. We can play the Ex Parte card—an order that skates into effect before the court even sets a hearing, denying your abuser the chance to counter the allegations. This temporary cover will prohibit them from contacting you, stalking you, or committing any form of abuse. Sure sounds like a protective shell, right?

Remember, Todd Spodek and the Spodek Law Group are always there to keep your best interests at heart during these challenging times. With the right legal representation in the court, you can get the protection and peace of mind you need and deserve.