Divorces are often sensitive and emotional processes that can leave one or both parties feeling vulnerable or unsafe. If you are in a situation where you fear for your safety or that of your children, you may be wondering if you can get a restraining order during your divorce proceedings in Connecticut. In this article, we will discuss the possibilities of obtaining a restraining order as part of a Connecticut divorce.
What is a Restraining Order?
A restraining order is a legal document that orders a person to stay away from another person or property. It is typically issued by a court or judge and is used to protect someone who has been threatened or abused. In Connecticut, a restraining order can also be used to protect someone who is being stalked or harassed.
Types of Restraining Orders in Connecticut
In Connecticut, there are two types of restraining orders: ex parte restraining orders and full restraining orders.
Ex Parte Restraining Orders
An ex parte restraining order is issued by a judge without a hearing and without the alleged abuser present. It is issued based on information provided by the person seeking protection. Ex parte restraining orders are generally temporary and can be issued on the same day that the application is filed.
Full Restraining Orders
A full restraining order is issued after a hearing where both parties are present and have the opportunity to present evidence. A full restraining order can last for up to one year.
Getting a Restraining Order During a Divorce
If you are seeking a restraining order as part of your divorce proceedings, you will need to file a motion with the court. You must provide evidence of the abuse or harassment you have experienced and explain why you need the restraining order. The court will then schedule a hearing where both parties will have the opportunity to present evidence.
It is important to note that obtaining a restraining order during a divorce can be complicated, as the court will need to consider the division of property, child custody, and other issues that may arise during the divorce proceedings.
Protecting Yourself During a Divorce
If you are not able to obtain a restraining order during your divorce proceedings, there are other steps you can take to protect yourself. Talk to your attorney about your options for obtaining a protective order or emergency order of protection. You may also want to consider changing your phone number, email address, and social media accounts to prevent further harassment.
Conclusion
If you are going through a divorce and are experiencing harassment or abuse, it is important to take steps to protect yourself and your children. You may be able to obtain a restraining order as part of your divorce proceedings, but it is important to work with an experienced attorney who can help you navigate the legal process and protect your rights.