Getting A Temporary Restraining Order When Filing Divorce

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Divorce move can bring out the worst in people to direct bad behavior against other people including children. You can minimize such behavior and actions from an embittered spouse using a temporary restraining order (TRO).
 
What are temporary restraining orders?

Restraining orders in Oregon are court orders given in an Oregon court temporary prohibiting someone from taking certain actions. You might be wondering what actions you should restrict the other spouse through such as order: Family law in Oregon allows Eugene divorce lawyers to help you restrain the other spouse from packing up children and moving them out of the state. The court can also grant the order to prevent a spouse from clearing out bank accounts, cancelling insurance policies including health and auto, and changing the beneficiary on a life insurance policy.

Restraining orders in Oregon also prevent the other spouse from getting a loan and using house and other assets as collateral. A spouse can also, through the help of Eugene divorce lawyers or family lawyers in Oregon, prevent the other person from moving funds from a retirement account.

Restraining orders in Oregon are temporal in that they prevent the other spouse from taking these actions until the divorce process is over, after which they obviously cannot take do these things because the case is resolved. The other option is the court, at the end of the divorce process, deciding all outstanding issues. A court issues a written judgment that incorporates the settlement agreement or the ruling by the court, meaning the TRO won't be necessary.   

One spouse can also get restraining orders in Oregon to address domestic violence. The alleged offending spouse is ordered to stay away from the other or children until full hearing of a divorce case. This takes about a week. The court then determines if the violating spouse committed an act of violence and might issue a final restraining order regarding contact between the two people or/and children. They might also include, in this ruling, other conditions such as supervised visitation.

The final restraining order may remain even after the divorce is concluded.To obtain a temporary restraining order in a divorce, the spouse files a divorce petition also called divorce "complaint." Some protections might be necessary if there is likelihood for the other spouse to use all your savings or move away with children.
   
Usually, there is variation in different states regarding these restraining orders. Some do not even have these provisions. You can check with your Eugene divorce lawyer or family lawyer in Oregon whether there are restraining order provisions.  
In some cases, some spouses might show objection to the divorce petition, but you can also ask a court to issue a default judgment under these situations. A judge is allowed by law to grant a divorce by default if any divorce complaint or a petition goes unanswered. To ask for a default judgment, one has to prepare and file an affidavit with the court. The affidavit will prove to the court that the served petition was not answered. A family lawyer in Oregon can help in these situations.
 

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