Restraining Orders
Restraining orders are often issued
in Family Court to prevent a party from
stealing assets or unlawfully transferring
them to a friend or family member. Restraining
orders are also available, in appropriate
cases, to prevent violence, abuse, and
threatening behavior. In some states,
restraining orders are automatically
issued when a matrimonial case is commenced
in the court system. In other states,
it is necessary to file a motion or a
petition to obtain a restraining order.
Almost everywhere, a restraining order
can be obtained if an act of domestic
violence has been committed.
In general, restraining orders are issued
on a temporary basis first. They may
be issued ex-parte, meaning that the
offender is not informed of the request
for the restraining order until after
it has been issued. However, whenever
a temporary restraining order has been
granted, the court will schedule a follow-up
hearing, at which time all of the parties
will be given an opportunity to express
their positions before a more permanent
restraining order is issued.
Restraining orders are a form of injunctive
relief. An injunction is a legal device
which “enjoins” or prevents
a person from taking some action. Most
courts recognize temporary or preliminary
injunctions, as well as permanent injunctions.
In a divorce case, it may be necessary
to obtain a restraining order, to prevent
a party from dissipating assets. As such,
the court is issuing injunctive relief
against the dissipation of assets. . |