Divorces can be emotionally challenging, especially when children are involved. Custody, child support, and visitation rights often become the focal points of contention in divorce proceedings. In situations where the safety and well-being of the children are at risk, obtaining a restraining order may become necessary. Luckily, parents in Rhode Island can take legal measures to secure restraining orders on behalf of their children during divorce cases. To fully understand the process, let’s dive into the details.
Understanding Restraining Orders
In simple terms, a restraining order is a legally binding document that prevents an abuser from making any contact with their victim. Within the framework of a divorce, a restraining order is issued to safeguard the children from any potential harm. This order effectively prohibits the other parent from coming into close proximity with the children, contacting them, or engaging in other behaviors that might pose a risk to their well-being.
Types of Restraining Orders
In Rhode Island, there are two primary types of restraining orders that may be issued in the context of a divorce case:
Temporary Restraining Order
Commonly referred to as TRO, a temporary restraining order serves as a short-term protective measure issued by a judge when an immediate threat to the children’s safety is present. These orders are typically granted when the court does not possess enough information to issue a longer-term order. TROs remain valid for up to 21 days and can be extended for another 21 days, if necessary.
Permanent Restraining Order
A permanent restraining order is a more long-lasting protective measure that is granted after a comprehensive hearing in front of a judge. During this hearing, both parties involved have the opportunity to present evidence and testimonies that support their respective cases. If the judge deems that a genuine and immediate risk to the children’s safety exists, a permanent restraining order may be issued. These orders can remain in effect for up to three years and may be renewed if deemed necessary.
Filing for a Restraining Order
To initiate the process of obtaining a restraining order on behalf of your children, you must file a petition with the court. This petition should outline the specific incidents of abuse or threat of abuse, clearly explaining why a restraining order is necessary for the protection of the children. Additionally, you will need to gather evidence that supports your petition, such as police reports, medical records, or witness statements.
The Importance of Legal Representation
Navigating the legal process of obtaining a restraining order can be complex and emotionally charged, especially within the context of a divorce. It is crucial to seek the guidance of an experienced family law attorney who can provide the necessary support and expertise. By working closely with an attorney, you can effectively prepare your petition, gather compelling evidence, and ensure that your case is presented in the most effective manner before the judge.
Final Thoughts
Securing a restraining order on behalf of your children plays a vital role in shielding them from harm during the challenging process of divorce. If you genuinely believe that your children’s safety is at risk, swift action is crucial. Collaborating with a seasoned family law attorney who can guide you through the legal process and advocate for the best interests of your children is of utmost importance. Remember, you’re not alone in this journey, and professional help is available to ensure the protection you and your children deserve.