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Do you need a protective order before a divorce?

On Behalf of | Mar 12, 2021 | Divorce In Tennessee |

When your marriage devolves, it may be a quiet crumbling where neither of you realizes it until your differences are irreconcilable. In other situations, your safety in the short and long term may be at stake.

A Tennessee divorce might provide the separation from your spouse that you need eventually. But if you feel that you or your children are in danger, a protective order may get you some healthy space immediately.

Protective order basics

Tennessee’s protective orders remain effective for one year if the courts reward them. If you are a victim of abuse, you may apply for one, provided you can offer adequate evidence that the order is necessary. If so, the courts may grant an ex parte order to keep a person contacting or approaching you until such time that the courts may hold a hearing. At the hearing, the courts listen to both sides and determine whether a long-term order is in the victim’s best interest.

Protective orders for divorce

According to the website Without My Consent, restraining orders may help during a divorce in order to keep a safe distance between spouses for the duration of the divorce case. Upon legal separation, the order terminates. Law enforcement cannot enforce these restraining orders and so the burden of keeping that distance falls on the spouses.

Civil protection orders, however, have serious penalties if violated including money damages and jail time.

In the case of your children, they may also apply for a protective order but need the signature of a legal guardian before turning it into the court. You may file for them instead.

Protective orders are a resource for you to use. When you feel threatened or that your safety is on the line before, during or after a divorce, a protective order may provide you some peace of mind.

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