• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Divorce and restraining orders

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

somuchmoore

Junior Member
What is the name of your state (only U.S. law)? FL

Situation: Husband was accused of slapping his wife and physically and verbally abusing his children. A restraining order was taken out against him but the criminal charges were dropped. He said that a lawyer told him if he wants to see his children, that he could file for a divorce and the court would automatically remove the restraining order. I can't imagine that would be true.

Question: If a spouse files for divorce, does that affect any restraining orders for abuse?What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? FL

Situation: Husband was accused of slapping his wife and physically and verbally abusing his children. A restraining order was taken out against him but the criminal charges were dropped. He said that a lawyer told him if he wants to see his children, that he could file for a divorce and the court would automatically remove the restraining order. I can't imagine that would be true.

Question: If a spouse files for divorce, does that affect any restraining orders for abuse?What is the name of your state (only U.S. law)?
It won't "automatically remove" the restraining order. However, the RO will likely allow contact for the purposes of visitation, etc, per court order.
 

somuchmoore

Junior Member
It won't "automatically remove" the restraining order. However, the RO will likely allow contact for the purposes of visitation, etc, per court order.
What is an "RO" and will that happen because divorce papers are filed or because a divorce is granted? If no visitation rights were given before the restraining order ends, visitation can happen just because of the divorce?
 

Zigner

Senior Member, Non-Attorney
What is an "RO" and will that happen because divorce papers are filed or because a divorce is granted? If no visitation rights were given before the restraining order ends, visitation can happen just because of the divorce?
RO = Restraining Order
The visitation matters will be addressed in the divorce.
 

LdiJ

Senior Member
What is an "RO" and will that happen because divorce papers are filed or because a divorce is granted? If no visitation rights were given before the restraining order ends, visitation can happen just because of the divorce?
The divorce isn't AUTOMATICALLY going to make visitation happen. The judge will address the matter in the divorce, hear the evidence and make a decision about visitation. However, based on the fact that the criminal charges were dropped, dad's almost guaranteed to get some form of visitation. Also, the judge in the divorce case cannot lift the restraining order regarding mom, only regarding the children.
 

Ohiogal

Queen Bee
The divorce isn't AUTOMATICALLY going to make visitation happen. The judge will address the matter in the divorce, hear the evidence and make a decision about visitation. However, based on the fact that the criminal charges were dropped, dad's almost guaranteed to get some form of visitation. Also, the judge in the divorce case cannot lift the restraining order regarding mom, only regarding the children.
Not necessarily. The restraining order may be dropped due to the fact that criminal charges were dropped. A restraining order normally accompanies a CRIMINAL charge. A CPO -- Civil Protection Order is granted in civil court -- and would not be dropped just due to the the criminal charges going away.

So what exactly was ordered, when and by whom?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top