Temporary Restraining Order Lawyer

If your welfare or the welfare of your child is in jeopardy, it is your right to seek a temporary restraining order.

Divorce and legal separation can sometimes bring out the worst in people. As emotions run high, it is not uncommon for one party to feel threatened or intimidated. When these behaviors jeopardize your welfare and/or your children, it is your right to seek protection from the aggressor, even if it is your spouse.

Our team of family law attorneys is here to help you during these difficult times. We will ensure that the court understands your dire need for this type of protection for you and your children. Understanding the urgency, we handle the need for a temporary restraining order with compassion and discretion.

Many people equate a restraining order with a criminal case and do not realize that it can also help ease tensions in a household undergoing a major upheaval. What is best for you and your child should always be your first priority, even if that means you have to limit the amount of time spent with a spouse or the extent to which your children can spend time with their other parent.

What is a Restraining Order?

A restraining order is a court order which, at its core, is designed to prevent an illegal act from being committed. In the cases we deal with, that act would be the physical or emotional abuse of family members during divorce proceedings. A temporary restraining order directs the person in what they are not allowed to do, such as approaching the petitioner or entering their home. Once the temporary restraining order is in place, the aggressor is aware that if they disobey its terms, they are at risk for more serious legal consequences.

Our team of family law lawyers can help you fill out the paperwork required for a St. Louis temporary restraining order to make sure that you are provided with protection. If children are involved, we can also assist you in filing on their behalf.

Who Can File for a Temporary Restraining Order?

A spouse who is being threatened, abused, or bullied may file for a temporary restraining order while a divorce proceeding is underway. When we help you complete the paperwork, you must consider how much you want the order to provide protection. Some common conditions that a spouse may insist on in a temporary restraining order are:

  • No phone calls, e-mails, letters, or any other contact form.
  • Restricting their access to your home or denying access completely.
  • Taking the children out of a certain vicinity.
  • Disallowing them to sell any marital property.
  • Carry or purchase any firearm.

We can help you review your situation and decide which terms should be outlined in your temporary protection order case.

What Effect Will a Temporary Restraining Order Have on My Spouse?

There can be consequences to your spouse when you file a temporary restraining order. For this reason, we carefully review your case’s particularities to determine how severe you need the order to be. Depending on how you proceed, your spouse may:

  • Be ordered to move out of your home immediately.
  • Be prohibited from any communication with the children.
  • Be barred from carrying a service pistol if he or she is a police officer or in the military. This could affect their standing at work and be used against them when pursuing career opportunities.

Before acting out of anger, you must take all of these under advisement and try to do your best to protect your spouse from undeserved consequences.

How Do You Get a Restraining Order?

Obtaining a temporary restraining order is a two-step process. A judge will usually grant a petition quickly before the respondent is given the opportunity to defend himself or herself. The order is in effect until a full hearing can be held to hear from both parties, which usually takes 10 to 14 days.

Can I Ban My Spouse From Spending Our Assets?

While divorce proceedings are underway, one spouse is usually responsible for seeing the family finances. If you believe the money allocated for household expenses is being squandered, you can request a temporary restraining order to freeze any bank accounts or relinquish their control to a 3rd party.

St. Louis Temporary Restraining Order Lawyer

Our firm takes the mental and physical well-being of our clients very seriously. If you believe a temporary restraining order is your only recourse to protect yourself, your children, and your assets, we are here to help you get one. We understand the delicate nature of these proceedings and will be at your side during the process to ensure your family’s needs are considered.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families navigate life-changing events.