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During the divorce process, a couple may need to address multiple types of issues related to their finances and property, the custody of their children, and other concerns. While a divorce decree or judgment will set down the final decisions about how divorce-related issues will be handled, a variety of concerns may arise while a divorce is still ongoing, and either spouse may believe that steps will need to be taken to prevent the other party from acting in ways that could cause harm to the marital estate or to the couple's children. To address these issues, a spouse may ask the court to issue temporary restraining orders or use other forms of injunctive relief.
At the Law Office of Martoccio & Martoccio, we represent spouses in multiple types of complex divorce cases, and we work to ensure that our clients' rights and interests are protected at all times. If you are concerned about how you can protect yourself against financial losses during your divorce, or if you believe that you need to take action to prevent your spouse from taking certain actions, we can help you determine whether you can request a temporary restraining order or ask the court to issue other types of orders. Our divorce lawyers will evaluate your situation and help you understand all of your legal options.
A temporary restraining order (TRO) is a court order that requires one party to refrain from doing something. These types of orders may be requested during a divorce if one spouse believes that the other is going to take actions that could affect the couple's property or finances. For example, a person may know that their spouse has a large amount of money in a bank account, but they may worry that the spouse will withdraw that money or transfer it to someone else in an attempt to avoid dividing it during the divorce process. In this situation, a TRO may prevent the spouse from withdrawing or transferring funds while the divorce is ongoing.
Temporary restraining orders may state that spouses are prohibited from taking actions such as:
Other types of temporary restraining orders may be used to prevent a spouse from taking certain actions. For example, a parent may be prohibited from taking their child outside of the county or state for longer than 14 days. If a person has been accused of committing verbal or physical abuse against a spouse or child, they may be ordered to refrain from striking family members or interfering with their personal liberty.
Injunctive relief may also be used to require a spouse to take certain actions during the divorce process. Spouses may be required to purchase or sell certain assets, or one spouse may be ordered to turn over property to the other spouse. The court may make decisions about who will be able to live in a couple's marital home, and if one spouse is awarded possession and exclusive use of the home during the divorce process, the other spouse may be ordered to vacate the premises and find new living arrangements. Spouses may also ask the court to make decisions about how possession of family pets will be handled during their divorce.
Most of the time, if a spouse requests a temporary restraining order or other types of injunctive relief, a hearing will be held to determine whether these requests will be granted. However, a temporary restraining order may be issued without a hearing and without the requirement to provide notice to the other party if it is likely that a spouse will suffer irreparable harm without this type of order in place.
If you believe that a temporary restraining order is needed in your divorce, or if you want to ask the court to order your spouse to take certain actions, the Law Office of Martoccio & Martoccio can help you determine how to proceed. Our experienced family law attorneys can advise you on the best course of action that will protect your interests, and we can also help you understand the best ways to address issues related to property division, child custody, and financial support during your divorce. Contact us today at 630-920-8855 to arrange a free consultation, discuss your case with us, and get the legal help you need to complete the divorce process successfully.