Every divorce will, in some way, require that spouses experience their share of conflict and stress. But no one should have to endure the physical and emotional toll of an aggressive spouse. If you are wondering whether a protective order will disrupt your divorce or cause further issues, know that protective orders can do a lot for your safety and peace of mind – especially if you have children.
Per New York law, your protective order may direct your ex-spouse to:
- Adhere to orders of child custody and support
- Refrain from possession or purchase of a firearm
- Leave your home and move elsewhere
- Keep a certain distance from you and your children
These restrictions and directions do not change simply because you are going through a divorce. What’s more, there are family courts that will issue orders specifically for people who are in your situation. You will need to file a petition and you may want to seek the counsel of a family lawyer as well.
What if my ex-spouse violates the order?
The state takes protective orders and threats of domestic violence very seriously. If your ex-spouse violates their court order—whether it is a limited/temporary order or a permanent one—they are committing a crime. They may be arrested, and the violation itself may become evidence in your divorce proceedings.
While it is possible that a protective order will bring complications to the divorce arrangements, it will ultimately provide the boundaries necessary for you to align your focus on moving forward.