Sometimes when a divorce takes place the parties do not always get along.  As a result, tensions can flare, emotions can become supercharged and some people can be downright mean. 

Fortunately there are mechanisms available through the Family Courts that can assist parties and restrict certain kinds of behavior. 

While the most familiar kind of restraining order is likely one that prohibits or restricts certain kinds of behavior between the parties, there can also be restraining orders that prohibit the parties from engaging in certain other actions.  For instance a restraining order prohibiting the one party from harassing the other party can be issued it is also possible to have restraining orders issued to keep the parties from taking actions with regards to property or even addressing certain conduct that may occur in the presence of the parties’ children.

For a restraining order to be effective, it generally has to be incorporated into an order of the Court.  In many states the Family Courts may be the sole authority that can issue a restraining order.  This is to prohibit parties from “forum shopping” or trying to one up the other by going to different courts.  

To have a court issue a restraining order, the parties, generally through their attorneys, must agree on the specifics of a restraining order and then present an order to the Court incorporating the restraint.  Failing the parties being able to agree upon the specifics of a restraining order the Court will likely have to take evidence at a contested hearing and then determine if a restraining order is warranted in a specific situation.  In other words, it is generally not possible to have a Court issue a restraining order if there is not a demonstrated need for one.

For example, say that one of the parties has been repeatedly harassing the other, has tried to liquidate assets in the past or, perhaps has exposed the parties’ children to inappropriate behavior.  With this as the basis, provided the questionable conduct could be demonstrated or evidence of the conduct presented to the Court, the Court will likely issue a restraining order requiring the conduct no longer occur.  It is possible for the restraining order to be temporary say in the case of an asset that is to be sold.  It is sometimes the case that a restraining order will restrict conduct or access to a piece of property only until the property is sold or so long as a significant other was not married to one of the parties.  It is also possible for restraining orders to be permanent so long as the condition or likelihood of a problem persists.

Perhaps the most important thing to remember about restraining orders is that a violation of the restraint does not always mean that there will be immediate consequences.  In many jurisdictions if there is a violation of a restraining order the aggrieved party must file certain pleadings outlining the alleged violation and requesting an evidentiary hearing at which testimony relevant to the alleged violation of the order will be heard.  If the aggrieved party can show a willful violation of the order the at-fault party can be punished.  Some of the possible penalties can include jail time, community service, future compliance of the underlying order, additional, more restrictive orders, fines or even the requirement to pay the aggrieved parties’ attorneys’ fees. 

Absent direct language in the order that law enforcement officers are allowed to take specific action for a violation of the order, this method is the general remedy available.