Seeking A Restraining Order Against Your Spouse: How Working With An Attorney Can Expedite The Process

4 October 2022
 Categories: Law, Blog


Several legal options protect you from an abusive spouse, including filing for a restraining order. For this to go through, you need to gather and present evidence in court to prove that your partner is dangerous to your safety. However, you might feel like you don't have time to put together a strong case, particularly if you are in imminent danger. Therefore, consider enlisting the services of a family law attorney to assist you in hastening the legal process. They will take the following measures to enable you to get the restraining order as soon as possible: 

Helping You Get a Temporary Restraining Order

Getting a restraining order may take longer than you expect, putting victims at risk of suffering further harm. Nonetheless, your legal advisor can protect you against an abusive or dangerous spouse while they prepare your case. They will likely do so by applying for a temporary restraining order.

To this end, your lawyer presents your written sworn testimony in court to enable you to get the protection you need as your case continues. This helps to keep you safe as your attorney gathers all the necessary information and prepares a strong case against your abusive partner.

Gathering the Evidence Needed to Prove Your Case

You must provide compelling evidence to prove that your spouse poses a danger to you or your children when seeking protection orders. The jury will examine this information to determine whether a restraining order is necessary and the urgency with which it should be issued. Your legal advisor helps to gather all the documentation and other evidence needed to prove that the protection order is necessary.

Representing You During the Subsequent Hearing

Once the judge signs a temporary protection order, they will give you a date for a formal hearing. During these court proceedings, your lawyer will present evidence that your spouse has been abusive to you. They will then present witnesses who can share useful information to support your case. The witnesses may have seen your spouse abuse you, heard your spouse's threats, noticed your injuries, etc. 

This, plus the evidence your legal advisor presents in court, goes toward proving that your partner poses an imminent threat to you and your children. As a result, the judge signs the final protection order that bars your partner from visiting you or your children without supervision. This order also covers threats issued verbally, through third parties, text, social media, etc.

If your partner becomes abusive, get legal help immediately, even if you have already started the divorce process. A family law attorney will help you get a protection order within a short time. They can then help you take the necessary legal steps to finalize your divorce.

Contact a local family lawyer to learn more.