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How Violating a Restraining Order Could Affect the Outcome of a Divorce

On Behalf of | Oct 31, 2019 | Domestic Violence

Violating a restraining order could definitely affect the outcome of a divorce case here in Carlsbad.  What happens when one of the parties in a divorce seeks an Emergency Protective Order (EPO) resulting in a restraining order for the other party?  A temporary restraining order is often issued based simply upon the request of a person, and it will be followed by an important hearing in a matter of days to determine the validity of the restraining order and if it is to become permanent.

While Burke & Domercq are first and foremost committed to the safety of all people and children, we are equally committed to ensuring that false accusations of abuse or domestic violence are not used in an attempt to gain the upper hand in a divorce, child custody or post-decree litigation matter.

Restraining orders are usually quite clear.  “No contact” means exactly that.  There is to be no contact between you and the other party, ever, in any medium or format.  If they call you, text you, email you or attempt to speak with you directly or through a family member or friend you may not respond.  Violating a restraining order exposes you to the potential for criminal felony charges as well as a permanent restraining order.

Permanent restraining orders make it difficult to get a good job, prohibit ownership of firearms or ammunition and limit career opportunities.  A criminal conviction simply magnifies the impact of the short and long term consequences.

Restraining order violations can have an impact on child custody and parenting time orders, as well as spousal support.  If you have received service of a temporary restraining order and are in the midst of a divorce, child custody or post-decree litigation it is important to take every instruction seriously and contact the experienced Certified Family Law Specialists at Burke & Domercq or call 760-389-3927 for immediate counsel and to to schedule an appointment.  There is only a matter of days to protect your interests and preserve all of your short and long term options.