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What is the difference between temporary orders and restraining orders in a divorce?

On Behalf of | Sep 30, 2021 | Divorce |

Divorce is rarely a simple procedure. You and your spouse spend the course of your relationship combining different aspects of your life. It often takes several steps and processes to complete your divorce.

Often, the terms that come with a divorce can be confusing and sounds similar, and when you do not understand the terms, it can be challenging to know what you need to move forward.

Here’s some clarification between temporary orders and restraining orders in a divorce.

Restraining orders are about contact

For some, getting a divorce is about more than ending the marriage; it is about finding safety away from a spouse. A restraining order can restrict or limit contact in a few ways, such as:

  • Restricting marital asset disposal
  • Limiting moving children out-of-state
  • Limiting or restricting contact between spouses

Typically restraining orders can prevent further abuse or harassment. A restraining order can also keep a spouse from hiding or disposing of assets before the asset division phase of the divorce. You may also see a restraining order called a protection order.

Temporary orders are about use and support

Several matters within a divorce do not have an instant answer. Often, spouses spend time negotiating a resolution that considers both parties.

However, there are still issues that need a temporary solution while the divorce is in progress. Temporary orders provide an answer to questions, such as:

  • Who will pay family debts?
  • Who gets to stay in the family home?
  • Which parent has custody and when?

These temporary orders can also cover topics like spousal support and child support. Keep in mind, temporary orders could change significantly between the time they are ordered and when the divorce is finalized.

As you are navigating your divorce, temporary orders and restraining orders can be essential tools to help you get through the process.

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