09 Nov Is Infidelity Enough for a Restraining Order?
There’s not much more heartbreaking than finding out your partner is cheating on you. That trust might never be repaired, as a result, you might decide to get divorced. Your spouse may want their new significant other to play a role in the lives of your children. Your children might tell you they’re not ready to meet him or her, however, your partner insist they meet him or her. The question becomes: can you get a restraining order over infidelity? Can I get an infidelity restraining order for this? We’ll examine the answer to this and other questions connected to restraining orders as they relate to divorce proceedings.
What Is a Restraining Order?
The Oxford English Dictionary defines a restraining order as “A temporary court order issued to prohibit an individual from carrying out a particular action, especially approaching or contacting a specified person.”. A restraining order may tell someone how far away they need to remain from another person at all times. There are multiple types of restraining orders available. In Rhode Island domestic violence restraining order, civil harassment restraining orders, emergency protective orders, temporary restraining orders, juvenile restraining orders, and workplace violence restraining orders are available.
A domestic violence restraining order like a temporary restraining order works for close relationships. They last longer but are different because they can be renewed.
Civil harassment orders are for people that you don’t have a close relationship with. A civil harassment orders are for people that you don’t have a close relationship with like a landlord, roommate, or stranger.
An emergency protective order has an immediate effect. They only last a short time typically expiring in less than a week. Police usually request these types of orders for domestic violence issues.
A temporary restraining order is the first stage of most restraining orders. You use them for people you have a close relationship with like your partner, or family member.
Juvenile restraining orders work just like civil harassment orders but apply to people under the age of 18.
Workplace violence prevention restraining orders protect you from violence in the workplace. They stop someone from harassing, threatening, or having any other type of contact with you.
Infidelity Restraining Order?
Can I Obtain a Restraining Order If My Spouse Has Been Unfaithful? Infidelity alone isn’t enough for a restraining order on its own. There needs to be abuse or credible threats of violence to get a restraining order for you or your children. If your partner or the person they were unfaithful with makes threats or commits abuse, you may have a case for a restraining order. In the heat of the moment, it makes sense for an angry girlfriend or boyfriend to get a restraining order against their cheating partner for infidelity.
Can a Restraining Order Complicate a Divorce?
Yes, a restraining order can complicate a divorce. If children are involved problems may arise when you need to hand off the kids. The restraining order forces a person to stay away from another person, and that creates problems when children move between homes. You’ll need to find creative ways to move kids back-and-forth between homes without coming into contact with each other. Limited communication may occur with restraining orders involving children so that situations like this can get coordinated.
How Will a Restraining Order Impact Shared Child Custody?
A restraining order overrides any custody order that’s already in place. So if you’re going through a divorce and there is a custody order that gives split custody, a restraining order would change that.
A temporary juvenile restraining order requires a hearing to determine whether a longer lasting final restraining order is necessary. Both sides must present their side of the event or events. After hearing all the evidence, the court may decide to put a final juvenile restraining order in place that changes or removes custody. The defendant could end up with supervised visits or another form of custody.
A domestic violence restraining order can create similar outcomes as a juvenile restraining order. Possibilities include supervised visits, no visitation, inability to visit places like a child’s school, daycare, and the other parent’s home or workplace.
Violating a restraining order comes with severe consequences. You could lose your visitation rights and possibly go to jail. The violation could affect final terms of the divorce, and therefore make your visitation issues a long-term problem.
Unfortunately, cheating isn’t enough for a restraining order or an infidelity restraining order. However, you may have a case for a restraining order for other reasons. You might have a case for a juvenile restraining order, a temporary restraining order, or a domestic violence restraining order because of some form of abuse. If you’re not sure, you have a case for a restraining order check out this link for more information. You’ll have a better chance of getting a restraining order if you’re well informed about the requirements to get one. Take care when filing a restraining order, because they can make a difficult situation worse. Too bad an infidelity restraining order does not exist when you find out your partner has been cheating on you!