Some divorces are relatively amicable. Both individuals involved recognize that the relationship is no longer as healthy or happy as it once was. They may cooperate with each other to divide their property and ensure they can meet the needs of their shared children.
Other times, a divorce causes worse conflict between the spouses and may even lead to aggressive, alarming behavior. Some people even feel frightened about the possibility of filing for divorce because they believe that doing so might provoke their spouse into unstable and dangerous behavior. Occasionally, a spouse preparing for divorce or who recently filed for divorce may need an order of protection for their own safety.
What are the most common reasons the courts grant orders of protection in a divorce scenario?
A history of marital abuse
Sometimes, there are clear records of the marriage being abusive. For example, there may be police reports from neighbors repeatedly calling law enforcement over loud altercations they overhear. There might be medical records of the treatment that one spouse required due to the violent behavior of the other. When there are objective records substantiating claims of marital abuse or witnesses who can help support the spouse’s claim, they may be able to secure an order of protection.
Concerns about stalking
Sometimes, when one spouse attempts to leave, the other becomes unhinged. There may not be a history of violence, but there may be concerns about issues arising in the future. If one spouse shows up outside of the other’s new apartment, repeatedly visits them at work or engages in cyberstalking, their behavior can cause intense fear in the targeted spouse. If the courts see proof of in-person or online stalking, they may grant an order of protection to prevent one spouse from following or attempting unwanted communications with the other.
Proof of one spouse making threats
Sometimes, people respond so poorly to a pending divorce that their personality seems to change. They may try to intimidate or coerce their spouse into staying with them. Other times, their misconduct may focus on securing specific terms in the divorce. One spouse might threaten the other to intimidate them into compliance or punish them for filing for divorce. Evidence of threats, including screenshots of text messages or behavior on social media, could help the frightened spouse convince the courts that they require an order of protection.
An order of protection can help to protect one spouse from abuse, stalking and threats during a divorce. The spouse who secures the order can call law enforcement whenever a violation occurs. Violations might lead to an arrest and consequences for this subject to the order. Pursuing orders of protection in volatile divorce scenarios can reduce the risk of walking away.
