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Divorce in a Setting of Domestic Violence and Temporary Restraining Orders

Aug 11, 2015 @ 07:59 AM — by Michael Green

If you are getting divorced and there have been temporary or final restraining orders filed, there are things you need to know.  Domestic violence may impact a divorce in many ways, including the proceedings that are allowed.  At Green & Associates, as divorce lawyers and family lawyers, we have dealt with many divorces that have a Temporary or Final Restraining order filed, please call us for a free consultation regarding this very important issue at our East Brunswick office at 732-390-0480 or our Fort Lee office at 201-242-1119.  

First, proceedings where the parties have to be in the same room without a court officer are generally not allowed, these would be proceedings such as parenting time and custody mediation, early settlement panel and economic mediation.

At all times when the parties are together in a Court, the Court officer should be informed that there is currently a TRO or FRO in existence.  When the parties separate after a proceeding, the party has the TRO or FRO against them should stay in the courtroom until the other party has left the courthouse to avoid any unnecessary confrontations.

Finally, your property or matrimonial settlement agreement and final judgment of divorce should reference any Final Restraining Order so that it is taken into account in the future if their are further violations or domestic violence.

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