The stress of a marriage can take a toll when it’s on its last legs. When you’re in conflict with your husband over his actions while you’re going through a divorce in Texas, you may find yourself looking for legal support.
The key is knowing what actions rise to the level of being worthy of a judge issuing an order against your husband. If you have questions such as, “Can I file a restraining order against my husband?” let us provide you with guidance on your next steps.
What Is a Restraining Order?
First, it’s important to understand the differences between a restraining order and a protective order. In Texas, a restraining order has a specific meaning that differs from a protective order.
According to the law, a protective order is designed to protect someone from harm, particularly in domestic violence cases. That isn’t the purpose of a restraining order.
A judge issues a restraining order to limit the forms of communication and types of actions available to one person. For example, a restraining order explicitly prevents any form of communication between the target of the order and others named in the order.
Why Do You Need a Restraining Order Against Your Husband?
The most common reason a spouse might want to file a restraining order against their husband is because he is taking undesired actions during the legal divorce process. Do these examples apply to your case?
- He is removing money from shared accounts without permission.
- He is incurring unnecessary debt that will affect the division of assets and liabilities during the divorce.
- He is bad-mouthing you to family members or children if you have children through the marriage.
Additionally, you may not want to be contacted by your husband while in the process of divorcing. A judge might support this wish if your husband is being hostile during the divorce.
What Else Can a Restraining Order Do?
Taking out a restraining order against your husband will likely prevent him from contacting you, except through his attorney. However, that isn’t the only action a restraining order can prevent.
You can also request a restraining order to prevent your husband from contacting other parties. For example, you might want to keep him from contacting your family, your workplace, or even your children. This could be particularly important if he’s trying to sway your kids before a child custody hearing or disparage you to your employer.
As mentioned before, you can use a restraining order to limit his financial activity. For instance, you might get an order that prevents him from accessing a joint account. This is common before a divorce, especially if you have reason to believe your husband might hide assets.
How to Get a Restraining Order
If you want to obtain a restraining order against your husband, you need to petition a judge to issue the order.
This process will require you to contact the appropriate court, fill out key pieces of paperwork, and provide the court with evidence that a restraining order is appropriate. If the evidence is compelling, the judge will usually issue a temporary restraining order, which can be extended if necessary.
The legal system can be complicated, which is why it’s a good idea to contact one of our family law attorneys so that we can help you file a restraining order on your behalf. Doing so increases the chances that a judge will issue the order.
Contact a Family Law Lawyer to Get a Restraining Order
A little space can solve a lot of problems, especially when a judge signs an order to compel your husband to back down. Our family law attorneys can provide you with comprehensive legal support throughout every step of the divorce and serve as fierce advocates on your behalf.
We currently support spouses in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact our offices to discuss your situation.
You can reach our offices at 979-267-7660 (Angleton office) or 281-944-5485 (Sugar Land office) to speak with a helpful attorney. If you have more questions beyond, “Can I file a restraining order against my husband?” we’ll answer those questions, too. We are here to help during the divorce process.