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How does a protective order work in a divorce?

As discussed previously, Colorado Springs couples considering ending their marriage have options if they are willing and able to work together towards a resolution of all the issues involved. But that is not the reality for many in a divorce. In fact, sometimes it becomes necessary for one spouse to take legal measures to protect him or herself -- or the children -- from the other spouse. What can Colorado Springs residents do with a protective order in such a situation?

First, let's quickly look at the different uses for protective orders. The most common one, with which our readers will be familiar, is to force one person to keep away from the other at all times. The actual distance is something the court will decide. That person could be a spouse or partner, but it could also be someone with no relation -- a stalker, for example.

The protective order could also stipulate that the person remain beyond a certain distance away from any children, not just from the person seeking the order. It can even limit the person's ability to own or obtain a firearm. In an emergency -- a situation in which there is an imminent threat, for example -- one can request a temporary restraining order with a limited duration. This can afford some measure of safety while preparing to pursue an order that will apply for a longer period.

Just how effective will a protective order be? There can be serious consequences for violating an order, particularly if the violator has been convicted previously of similar actions. A legal professional can help spouses with concerns about violent behavior protect themselves and their children as they move forward with a divorce.

Source: Findlaw.com, "Colorado Protective Orders Laws," accessed on Nov. 10, 2017

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Mary Kay Kramer, P.C.
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