Going through a divorce can be an incredibly challenging and emotional process. This difficulty is only intensified when there is a restraining order involved. The state of New Hampshire recognizes the seriousness of domestic violence and strives to protect those who are in danger. However, many people wonder how having a restraining order against their spouse will impact the divorce process. Is it still possible to get a divorce under these circumstances? In this article, we will delve into this question to provide you with a clear understanding of the situation.
Understanding Restraining Orders in New Hampshire
Before we embark on discussing divorce proceedings, it is imperative to have a comprehensive understanding of what a restraining order entails and how it operates. In New Hampshire, a restraining order is also known as a protective order. It is a type of court order issued to safeguard victims of domestic violence from further harm.
If you find yourself in the unfortunate position of being a victim of domestic violence, you have the right to apply for a protective order through the court system. Should your application be approved, the order will include directives requiring your abuser to maintain a distance from you, your residence, and any children involved. Additionally, it may also mandate that they relinquish any firearms in their possession and partake in counseling or anger management classes.
Regardless of whether you already have a restraining order against your spouse, it is crucial to continue adhering to its conditions until it expires or the court modifies it in some way.
Filing for Divorce with a Restraining Order
The burning question remains: Can you file for divorce in New Hampshire if you already have a restraining order against your spouse? The short and simple answer is yes. Possessing a restraining order does not impede your ability to initiate divorce proceedings. However, there are certain factors you need to bear in mind.
Primarily, it is of paramount importance to collaborate with an experienced divorce attorney who specializes in cases involving domestic violence. This legal professional will offer invaluable guidance, helping you navigate the complexities of the divorce process while ensuring your safety and well-being.
Secondly, there may be instances where you need to modify your existing restraining order or obtain a new one to guarantee full protection throughout the divorce proceedings. For instance, if your spouse currently resides in the family home, it might be necessary to modify the order to prevent them from entering or approaching the property while the divorce is pending. Your attorney will provide the necessary support and guidance through this process.
Final Thoughts
While it is true that having a restraining order against your spouse may complicate the divorce process, it does not render it impossible to obtain a divorce in New Hampshire. Engaging the services of a competent divorce attorney will prove invaluable in navigating the complexities of the legal framework, ensuring that your safety and well-being are preserved throughout the proceedings. If you find yourself in need of divorce assistance involving domestic violence or a protective order, do not hesitate to seek the guidance of a qualified attorney. They will be equipped to provide the support necessary to navigate this challenging time.