During a divorce, it isn’t uncommon for spouses to be resentful or angry with each other; sometimes in the situation, it is just one spouse that feels this way. It is also not uncommon with one spouse filing a restraining order against the other should they feel as if their husband/wife is threatening in some way. Issuing a restraining order may put both in an uncomfortable position if they are both granted child custody.
If there is one thing that should never be done with a restraining order, it is to use it as a weapon. The order is to preserve the safety of a party, not to limit the rights of another in regards to communicating with a former spouse. Violation of a restraining order is a common occurrence, unfortunately. Cases such as these are handled by the Family Court. The case is heard only if the charge falls under the contempt of an orderly person. If the charge is more serious, such as assault or battery, then the charge will be elevated to a fourth degree felony. If this should happen, then the case will be heard by the criminal court. In order for the criminal court to hear the case, some form of physical assault needs to have occurred.
What does not violate a restraining order? Such actions as making contact with the issuer, making child support payments or discussing visitations of their children do not constitute as a violation of the restraining order. In almost all cases, physical contact will result in the order being violated and will be treated by the criminal court as a fourth degree felony.
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Have you filed a restraining order against a spouse you are divorcing and would like to know the grounds? Contact the experienced divorce attorneys of McAllen’s Barrera, Sanchez & Associates at (956) 287-7555.