Restraining Orders and Divorce in New Jersey

Restraining orders are a part of many divorce cases and are an important protection that is necessary to prevent domestic violence and allow victims of violence or threatened violence to live their lives safely. There is no question that restraining orders are necessary and appropriate most of the time they are issued. However, restraining orders can sometimes be misused as a tactic in a divorce.

Restraining orders can be issued where the victim has been harassed, stalked, assaulted, threatened or the victim of criminal mischief. Many people in a divorce may feel they have a good case for a restraining order because a marriage that is heading towards divorce often becomes very volatile, at least for a short time.

A restraining order can sometimes be sought as a way for one spouse to gain exclusive occupancy of the home, as the order will direct the other spouse to move out and stay away. The spouse who is currently living in the home at the time of the divorce is most likely to be granted the home as part of the property division. Some spouses may seek a restraining order specifically for this purpose.

A restraining order has an impact on custody. Courts must consider domestic violence when determining custody. A restraining order also often has the effect of painting the restrained spouse in a negative light which can skew the court’s approach to custody and visitation. If a restraining order is sought to protect the children, it can eliminate all visitation.

If you have questions about restraining orders and divorce, contact DeTorres & DeGeorge in Hampton, New Jersey and the surrounding areas. Make an appointment by calling us at 908-284-6005 today.

Divorce Guide
About DeTorres and DeGeorge Family Law

DeTorres and DeGeorge Family Law is a New Jersey based family law firm that has been helping New Jersey residents achieve the best possible results in their divorce for nearly 30 years. The DeTorres and DeGeorge Family Law team is always ready to fight for their clients’ rights – determined to help New Jersey families overcome legal challenges from start to finish. Our legal team, with over 65 years of combined experience, provides expert guidance on all family law and divorce-related matters, including custody and parenting time, alimony and child support, equitable distribution of assets, premarital agreements, post-divorce issues, executive compensation distribution, divorces for business owners, and divorce mediation. The firm has been recognized for its dedication and expertise in the industry by multiple local and national organizations, including Super Lawyers, Law Firm 500, and the American Institute of Family Law Attorneys. Rosanne DeTorres, Managing Partner, is one of 150 lawyers certified as a matrimonial law attorney.

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