If you are seeking a divorce due to domestic violence, you may have already requested a restraining order. These are also called civil protection orders. The day you file for a protection order, the judge may grant a temporary protection order, which typically lasts for 14 days.
However, domestic violence is not the only reason you may seek a temporary protection order. Any Colorado residents who are victims of violence or fear they may be personally harmed may request a protection order from a judge. In a contentious divorce case, obtaining a protection order can help you in three major ways:
Divorcing couples sometimes find themselves living together in the marital home as the divorce proceeds, during which one party may threaten or harass the other. A temporary protection order can solve this issue by prohibiting the restrained person from staying in the home. The order may keep your spouse away from children, family members and pets for their safety. Protection does not stop at your property line, either; it may include schools, your place of employment and other public places you frequent.
One of the greatest gifts a protection order gives you is time, which allows you to calm your emotions and think rationally as you allocate marital assets, divide parenting time and otherwise prepare for the future. Being free from intimidation and harassment for even two weeks can provide a period of peace and clarity as you make the many difficult and emotional decisions involved in a contentious divorce.
If you and your spouse are at an impasse regarding marital possessions, a protection order may assist in securing your personal property rights. Prohibiting your spouse from entering the home should prevent him or her from taking or damaging items that are part of the divorce negotiations. The protection order may also guard your parenting rights. If the other parent is expressing hostility or badmouthing you, the protection order can help shield your children. The order cannot ensure that abuse will stop immediately, but you will likely feel a measure of security having the law on your side.