Sign In

When Is a Restraining Order Necessary During Divorce Proceedings?

Last updated 6 years ago

You should never have to endure harassment, threats, or assault. If you are experiencing this abuse during your divorce, you should file a restraining order against your harasser. A restraining order is a legally binding document issued by the state of California to prevent the recurrence of acts of abuse by a batterer. Abuse can include everything from attempting to cause bodily injury to sexual assault, harassing, battering, and molesting. Here are two situations where it is necessary to file for a restraining order:

When You Are Being Harassed By Your Spouse

No one should ever live in fear. If your soon-to-be-former spouse is attacking, stalking, threatening, destroying personal property, calling you non-stop, or otherwise harassing you, it is imperative that you file a domestic violence restraining order against him or her. This is a special type of protection created by the state of California to protect family members against one another. The order can protect just you or an entire household, including children. Your petition can be granted as long as the conduct occurred within the last 30 days and you currently have or have had a familiar relation to your harasser.

When a Third Party Is Harassing You

If you are experiencing threats or are in danger of physical violence from a third party, you can file a civil harassment restraining order. This is a different type of order than the one for your spouse, because it does not carry a requirement that you have familial ties to your harasser. The order will prevent the third party from contacting you at home or work through phone, text message, and email.

No matter where you are in your divorce process, harassment and threats are illegal. Either a domestic violence or civil harassment restraining order can help protect you from your harasser. If you are worried about your safety and need to speak to an experienced family law attorney, call the San Jose office of Moreno Family Law at (408) 266-9011.


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.


  • Loading comments... Spinner
Do you like Moreno Family Law?

Get Your Divorce Questions Answered

If you're needing information about divorce in the San Jose and Santa Clara Counties, let us help.

  • Hours:

  • Closed Sunday
  • 9:00 AM to 5:00 PM Monday
  • 9:00 AM to 5:00 PM Tuesday
  • 9:00 AM to 5:00 PM Wednesday
  • 9:00 AM to 5:00 PM Thursday
  • 9:00 AM to 5:00 PM Friday
  • Closed Saturday


  • Recent Posts
    • Loading posts... Spinner
  • View All
  • Recent Comments
    • Loading comments... Spinner
  • Related Links
  • Popular Tags
    • Loading tags... Spinner