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May 20, 2019

Can My Spouse Obtain a Restraining Order Against Me?

By Hager & Schwartz, P.A.

May 10, 2019

The short answer to the question, "Can my spouse obtain a restraining order against me?" is yes. When your spouse makes an allegation that you are violent or otherwise abusive, this is often enough proof to obtain a restraining order against you. If your spouse successfully obtains a restraining order against you, it is vital to get the defense you need to work through the circumstances.

A Relationship Must Exist

Individuals creating a restraining order must have a substantial relationship with the named party, and that’s why spousal relationships result in a majority of all restraining orders. In fact, people can file restraining orders against blood relatives, roommates, their children’s other parents, or relatives through marriage.

When Your Spouse Files a Restraining Order Against You

A temporary restraining order lasts 15 days and will expire if your spouse decides to discontinue it. The order can be obtained after one incident of violence, as long as it has occurred within the past six months of filing. Get legal representation if your spouse files a restraining order against you.

Follow the Restraining Order Until It Expires

If you have a no-contact restraining order against you, it is imperative for your case you follow the order. You shouldn’t violate the restraining order in any way. Instead of trying to resolve the issue on your own, contact a restraining order attorney to get the help you need. Any contact you make with your spouse can be used against you in court.

When Your Spouse Isn’t Telling the Truth

A restraining order limits your freedoms and can impact your family and work life. If your spouse has wrongly filed against you, it’s important you defend yourself. Without evidence of abuse and with an attorney by your side, it’s going to be hard for your spouse to get a restraining order that lasts longer than a temporary term.

Call (305) 330-1360 Hager & Schwartz now for an immediate case evaluationconcerning your restraining order.