One of the difficult things about protective orders is that after a party requests the protective order, a temporary protective order is normally immediately issued and if the party requesting the protective order is married to the named respondent or they are parents together then they can request that the minor children also be included in the protective order. So regardless of whether or not there are sufficient grounds for a protective order to be issued there could be a temporary order of custody in favor of the individual who filed for the protective order. Due to the unrestrained power of this system it is often abused and protective orders are filed just to get temporary custody of the minor children or to get one of the parties kicked out of the house.
Reasons to Stay Away from Protective Orders
Obviously there are some clear situations where protective orders are very vital and can protect individuals and even save lives. However, in every other situation there are some good reasons why you should stay away from protective orders, especially if you are going through a divorce process. One of the biggest reasons why you shouldn’t try and get a protective order if you really aren’t afraid of being physically injured by your spouse is because it delays the process of your divorce and it makes people more vindictive and makes settlement negotiations more difficult.
Ogden Family Law Attorney | Getting Your Protective Order Questions Answered
If you are considering divorce or a protective order or both then you should talk to an attorney first. Call us at Ogden Divorce Law for answers to your divorce and protective order questions, we can help you make an informed decision about your situation.