Divorce proceedings often bring out the worst in people, and domestic violence is a distressing reality when couples decide to dissolve their marriage. In Washington State, victims of domestic violence face the possibility of seeking a restraining order against their abusers. However, amidst this tumultuous process, one may wonder – is it possible to obtain a restraining order against a spouse during a divorce?
Understanding Restraining Orders
Restraining orders, also referred to as protection orders, serve as legal documents that restrict an individual from contacting or approaching the requesting party beyond a specified distance. In Washington, there exist several types of restraining orders, designed to address different forms of violence or harassment:
- Domestic Violence Protection Order
- Sexual Assault Protection Order
- Anti-Harassment Protection Order
- Vulnerable Adult Protection Order
Obtaining a Restraining Order Against a Spouse amidst Divorce
Absolutely, an individual going through a divorce can secure a restraining order against their spouse if they have endured domestic violence or harbour concerns for their safety. It is crucial to understand that a restraining order does not substitute a divorce; rather, it is a separate legal measure implemented to safeguard the victim from their abuser.
How to Initiate a Restraining Order Against a Spouse
In order to obtain a restraining order against your spouse during a divorce in Washington, you must successfully navigate the following essential steps:
File a petition: At your local courthouse, you will need to file a petition requesting a restraining order. Your petition must comprehensively detail instances of abuse, including the dates, times, and specifics of each occurrence.
Attend a hearing: After reviewing your petition, a judge will schedule a hearing. During this hearing, you will be provided with the opportunity to present your case and present evidence supporting your claims.
Await the decision: Ultimately, the judge will render a decision regarding the granting of the restraining order. If the order is approved, it will be officially filed with the court and served to your spouse.
The Ramifications of a Restraining Order
Upon the successful acquisition of a restraining order, your spouse will be prohibited from contacting you, approaching a specific distance of your person, or perpetuating further abusive or harassing acts. Violations of the restraining order can result in the arrest and criminal charges against your spouse.
Conclusion
In the face of a divorce tainted by domestic violence or the perceived threat to one’s safety, obtaining a restraining order against a spouse represents a viable option to protect oneself. Nevertheless, it is crucial to bear in mind that a restraining order does not guarantee safety, as perpetrators often escalate their behavior when confronted with legal consequences. Consequently, it becomes paramount to establish a personal safety plan and actively seek support from trusted individuals, friends, family, and local resources such as domestic violence hotlines and shelters to ensure comprehensive protection.