What Is A Restraining Order? And How Is It Different From Temporary Protection Order?
A protection order usually arises from a criminal proceeding, while a restraining order usually accompanies an underlying lawsuit. In the case of family law, the underlying lawsuit is most likely a divorce or legal separation. However, a restraining order is not issued unless one of these legal actions exists. Since restraining orders must accompany an underlying lawsuit, they are not enforceable by the police.
A restraining order is not of a criminal in nature. Instead, they are used to "restrain" the other person from doing particular things, such as transferring funds out of a bank account or showing up at the other party's property or place of employment. Most divorce attorneys will utilize a restraining order to prevent certain acts from continuing or interrupting a divorce's legal action.
However, a temporary injunction is automatically in place as soon as a divorce is filed. This court order restrains both parties in a divorce from molesting or disturbing the peace of the other, from transferring or concealing marital assets or removing minor children from the state without the other party's consent. It also prevents each party from transferring insurance without 14 days notice or written consent.
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