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Can you benefit from requesting a restraining order?

If you have recently discovered some unsettling information about your spouse, you may have started to think about filing for divorce in Virginia. While this decision may provide some hope of liberation, you may also be dealing with the risks of upsetting your spouse or putting yourself in harm's way if he or she finds out your intentions. In these situations, you may find yourself wondering if a restraining order could provide you with necessary protection. Understanding the purpose of a restraining order and under what circumstances to request one, you may be able to make a more confident decision that will not risk hurting your merit in future legal settings related to your divorce. 

According to Live About, restraining orders are primarily sought in situations where you may be subjected to domestic violence or your life has been threatened. Some examples of situations where you should seek a restraining order include the following:

  • Stalking
  • Lewdness
  • Assault
  • False imprisonment
  • Criminal trespassing

If you are granted a restraining order, some of the protections you may have access to includes the following:

  • Your spouse may be required to leave any residence you share under the escort of local authorities.
  • You may have temporary custody of your children if the court identifies a risk.
  • Your spouse may be required to complete counseling in regards to topics like managing anger, coping with emotions and overcoming addictions among other things. 

The information in this article is intended for educational purposes only and should not be taken as legal advice. 

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