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Are you going through a divorce? If so, then you will likely have to comply with at least one type of restraining order. The order will restrict you from taking certain actions while your divorce proceedings are underway. Along with the automatic temporary restraining order that is commonplace in many divorce cases, you may also be dealing with another type of restraining order that is specific to your case.
At the Law Offices of Kenneth U. Reyes, P.C., we have competent attorneys who are ready to assist you with your restraining order, whether you are on the filing end of the receiving end. You can count on our legal team, which includes a Certified Family Law Specialist.
Understanding Restraining Orders
In addition to domestic violence and civil harassment restraining orders, there are also other types of restraining orders that may be issued by the family courts in order to maintain the status quo in a case. Usually, when a party files for a divorce petition, an automatic temporary restraining order is issued. This type of order becomes effective upon service of the summons.
Automatic temporary restraining orders prohibit the divorcing spouses from:
- Removing any minor child of the two spouses from the state without obtaining written consent, either from the other parent or through a court order
- Cashing out, borrowing from, canceling, disposing of, or changing the beneficiary of any insurance policy (health, automobile, or life)
- Concealing, encumbering, transferring, disposing of, or hypothecating any real property or personal property without the other spouse's written consent or a court order
- Creating or modifying a non-probate transfer without spouse's written consent or a court order
Violating any of the above-mentioned orders can subject the violator to contempt proceedings. Depending on the circumstances of the case, it may be even necessary to obtain specific restraining orders through an OSC (Order to Show Cause). For example, if your spouse threatens to take your child away to another state or another country, it may be necessary to obtain a restraining order from removing your child from a certain geographic area.
Another example is if your spouse is in control of a large sum of liquid assets that are at risk of being transferred. In this situation, you may need to obtain a specific order prohibiting the transfer, or an order transferring the funds to an interest-bearing trust account, pending the divorce.
Whatever type of restraining order you need or are dealing with during the course of your divorce, we are qualified to assist you. Call our firm and schedule an appointment with one of our family lawyers!
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why choose our firm?
- Board-Certified Family Law Specialist
- Over 24 Years of Legal Experience
- Award-Winning Certified Public Accountant
- Regularly Published Legal Professional
- Highly Involved in the Filipino Community
- Fluent in English, Spanish, Tagalog, and Bicol