Restraining / Protective Orders and Divorce

Jenkintown Divorce Restraining Order Attorney

Husban and wife under stress.Unfortunately, divorce can lead to threats and violence. If you believe your soon-to-be ex-spouse poses a threat to you or your children, a protection order should be requested immediately. In Pennsylvania, requesting a protection order is relatively easy and straightforward. First, you need to go to your local courthouse and ask to see a judge to request a protection order. Next, you will be asked to provide information as to why your ex poses a threat to you or your children. At this point in time, you do not need to provide eyewitnesses or evidence; rather, you need only tell the judge your story and explain why you believe you or your children are in danger.

The Temporary Restraining Order

At this point, the judge will issue an ex parte temporary protection order if he or she believes you have good reason to believe your soon-to-be ex poses a threat to you during your divorce. Once the temporary restraining order is issued, your ex cannot contact you, approach you, or even be within a certain distance of you. If you know your ex owns a gun, be sure to let the judge know so he or she can order that any firearms owned by your ex be turned over immediately to the sheriff’s department.

The temporary restraining order will remain in effect until a hearing is held to determine how long the protection order will remain in effect. In most cases, the final hearing will be held ten business days after a temporary protection order is issued. At the final protection order hearing, evidence can be brought forward by you and your soon-to-be ex-spouse.

Since your ex will try to convince the court to rescind the protection order, it is in your best interests to work with an experienced protection order attorney who can take steps to ensure the court will be convinced of the need to extend the protection order.

The Final Protection Order Hearing

At the final protection order hearing, you and your soon-to-be ex are allowed to present evidence and call eyewitnesses. Here, if you have any evidence of previous violence or abuse on the part of your ex, it’s important to present it at the final hearing. Evidence of this kind can include previous criminal charges, calls to the police, or medical evidence involving injuries to yourself or your children. Additionally, any angry or threatening emails or voice messages should also be presented to the court.

If the court believes the protection order should be extended, your soon-to-be ex will be required to vacate any living premises shared with you. Your ex will also be required to stay away from you, avoiding all contact with you. Consequently, your ex cannot show up at your workplace, where your children go to school or play sports, or bother family and friends of yours. Your ex’s guns will also be surrendered to the sheriff’s department.

Contact Jenkintown Divorce Attorney Joanne Kleiner

If you are frightened for the safety of yourself and your children, call the police and then contact protection order attorney Joanne Kleiner today. If you need an emergency protection order and it is at night or on the weekend, your local police department can help you get into contact with an on-call judge who can issue a protection order for you.

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Montgomery County Bar Association
Pennsylvania Bar Association
International Academy of Collaborative Professionals