1110 Pennsylvania Street NE Suite C | Albuquerque, NM 87110 | (505) 830-6563

Divorce Debunked - Restraining Orders

Going through a divorce is stressful for both spouses and any children involved. If domestic violence or sexual abuse is in the picture – for you or for any of your children – the circumstances of a divorce can become downright dangerous.

In cases with real danger, utilizing legal tools, such as restraining orders, to protect yourself or your family members is absolutely legitimate.

However…

However, many people have a serious misunderstanding of the role of restraining orders. They may have received (bad) advice from friends and family members that they should file restraining orders to ensure that they retain child custody or even possession of the marital residence. Such advice is not only unhelpful, but can ultimately be very detrimental to your case.

Judges are very savvy about legal maneuvers and attempts to manipulate the court. Needless to say, if you’re caught attempting to pull a stunt like filing a frivolous restraining order, not only will your petition almost certainly be rejected, but the incident could possibly taint the entire course of your divorce proceedings.

If you have legitimate concerns about child custody or whether your spouse is attempting to conceal marital assets, there are legal procedures already in place. Resorting to what is essentially a frivolous restraining order is not necessary.

Worse, unnecessary restraining orders are a drain on the finances of the person against whom the order is filed. If you hate your spouse and want to see him or her “punished,” this may sound like just what the doctor ordered. However, in the long term, the only parties who truly benefit from unnecessary restraining orders are the attorneys who collect hefty legal fees for filing restraining order petitions on behalf of their clients. Think of it this way, if you’re expecting spousal support or child support from your ex after a divorce, it’s more likely you’ll actually receive it if your spouse is financially solvent.

If you need a divorce attorney, give us a call today.

Check out our video for more information on why filing unnecessary restraining orders is a bad idea:

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Specializations

We practice in all areas of divorce and family law including:

Women’s Divorce
Men’s Divorce
Military Divorce
Legal Separation
Paternity
Child Custody
Timesharing
Child Relocation
Child Support

Alimony
High Asset Cases
Community Property Division
Division of Community Debt
Division of Retirement Assets
Protection of Separate Property
Enforcement of Orders
Modification of Orders

Mediation
Domestic Violence
Grandparents’ Rights
Guardianships
Guardian Ad Litem
Adoption
Prenuptial Agreements
Uncontested Divorces

See what our clients have to say:

From Joann:

"All members of this law practice were well informed and very kind and considerate to me during the very emotional and complex process of dissolving my 34 year marriage. They understood the intricacies of dealing with challenging manipulations by opposing counsel who was led by my spouse's lack of follow through regarding the home property. At all times, I was treated with the utmost respect whenever I contacted the office no matter my emotional condition. This law practice was warm and supportive during moments of tricky litigation regarding our pension equalization. They kept in contact with me even when I was out of town so that we could file motions in a timely manner. They advised me appropriately when I wanted to seek more, understanding from experience that certain offers were adequately appropriate. In follow up, they were family oriented and shared their family events when I shared mine. I have referred close family friends in need of family law services and have been thanked by these friends for the quick and knowledgeable resolution of their problems. I will gladly refer other friends and acquaintances to this law practice. They were able to attend to both the younger family with minor age children and the more mature couple with pensions resolving all conflicts in favor of their clients.

This law practice KNOWS family law!"

From Linda:

"Our daughter hired Bo Frazier as her attorney in a long drawn out 4 year divorce, and anytime I called or emailed them, their response was within a day. We live in Hobbs, and the firm is in Alb. but it didn’t matter, things were addressed quickly.

If you want an excellent firm to fight for you, choose Frazier Law Firm."

If it involves divorce or family law, we can help you!