Introduction
Divorce is often a challenging and emotionally charged process, particularly when concerns arise about personal safety, especially for yourself or your children. If you find yourself in such a situation, you may be wondering if it is possible to obtain a restraining order during divorce proceedings. This article will explore the two types of restraining orders available in Connecticut and the process for obtaining them, while emphasizing the importance of acting swiftly and seeking professional guidance when necessary.
Types of Restraining Orders
In Connecticut, two types of restraining orders can be requested during divorce proceedings: domestic violence restraining orders (DVRO) and civil restraining orders (CRO).
Domestic Violence Restraining Order
The domestic violence restraining order (DVRO) is a crucial legal measure focused on safeguarding individuals who have experienced domestic violence. To acquire a DVRO, the petitioner must present evidence of physical violence, threats of violence, stalking, or harassment by a family or household member. Once the restraining order is granted, it prohibits the abuser from approaching the petitioner and restricts access to their home, workplace, and any other designated locations.
Civil Restraining Order
Unlike a DVRO, a civil restraining order (CRO) can be obtained against anyone, regardless of their relationship to the petitioner. It serves as a protective measure for various situations involving stalking, harassment, and threats of violence.
Process for Obtaining a Restraining Order
Obtaining a restraining order in Connecticut requires filing a petition with the court. Upon receiving the petition, a judge will carefully review the evidence presented to determine if it warrants the issuance of a temporary restraining order (TRO).
If the TRO is granted, the abuser will be served with a copy of the order, and a hearing date will be scheduled. During the hearing, both parties will have the opportunity to present their evidence, and the judge will make a decision regarding whether the TRO should be extended or made permanent.
Requesting a Restraining Order During a Divorce
Should you find yourself in the midst of a divorce and believe that your spouse poses potential harm to you or your children, it is crucial to understand that you can request a restraining order at any time during the divorce proceedings. It is important to note that obtaining a restraining order during a divorce does not directly impact the final outcome of the divorce itself and vice versa. They are separate legal matters with distinct objectives.
When facing such circumstances, it is imperative to take immediate action. Delaying the request might expose you and your family to unnecessary risks. A qualified family law attorney experienced in handling such cases can provide indispensable guidance throughout the process and offer the necessary support during this trying time.
Conclusion
While divorce can be an arduous and emotionally taxing experience, prioritizing your safety and the well-being of your family is paramount. In Connecticut, two types of restraining orders, namely domestic violence restraining orders and civil restraining orders, exist to address these concerns. If you are currently navigating a divorce and require a restraining order, it is imperative to act promptly and secure the assistance of an experienced family law attorney who can support you through this challenging phase of your life. Remember, your safety and the safety of your loved ones should always be a top priority.