How A Restraining Order Works with a Divorce

restraining order with a divorce

You have tried to save your marriage but nothing you have done has worked. Your only option is divorce. Not all divorces end amicably. If your spouse is physically abusive, threatening, and you feel that your safety and/or that of your children is at serious risk, then you will need to take legal measures to protect yourself.

Your first action should be to contact a Bradenton divorce lawyer. Even if your spouse has physically assaulted you in the past and you have the hospital records and photos to prove it, he still has certain legal rights as a parent. Therefore, you must go through the proper procedures to separate yourself from him and to ensure the safety of your family.

The Need for a Restraining Order

Ideally, you should get a restraining order from the court before you file for divorce. You can do this without initially notifying your spouse. Preferably, your Bradenton divorce lawyer can file your restraining order petition for you initially. Based on the evidence, which may include documentation from past incidents, the court may issue a temporary restraining order immediately and then schedule a hearing within 15 days. At that hearing,  both you and your spouse will then be able to argue and present evidence regarding why or why not this restraining order should be made permanent.

The Importance of Your Lawyer

The Law Offices of Matthew Z. Martell, P.A. is a divorce attorney firm in Lakewood Ranch, Florida and Sarasota who handle cases like yours routinely. They will gather all the facts required to strengthen your case for a restraining order. Domestic violence cases have priority in Florida family law courts. The judge will listen carefully to both sides of the matter. If your attorney is compelling enough, it will lead to your spouse being ordered to stay away from you and your children and to leave the home. This will make things a little easier to get through during the divorce proceedings.

If you are coming out of an abusive marriage, the Law Offices of Matthew Z. Martell, P.A. can help you. We are divorce lawyers in Sarasota who will ensure that you and your children are protected from domestic violence as you go through the process of ending your marriage. 

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The Law Offices of Matthew Z. Martell located in Lakewood Ranch and Sarasota Florida provides legal services to the following areas: Sarasota, Osprey, Siesta Key, Bird Key, Lido Key, Longboat Key, Bradenton, Lakewood Ranch, Anna Maria Island, Holmes Beach, Palmetto, Ellenton, Parrish, Venice, South Venice, Manasota Key, Englewood, Casey Key, Nokomis and all areas of Sarasota County and Manatee County. Let us help you today.

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