QUESTION

Can the restraining order legally put me out the house even though the divorce isn't filed?

Asked on Sep 05th, 2013 on Divorce - Michigan
More details to this question:
My wife filed a restraining order even though I didn't physically or verbally abuse her. I've never had this happen. We are getting a divorce and she wants me to leave after cheating on me with another man.
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5 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Yes, the court can throw you out of your house without advance notice or hearing on the request for an ex parte restraining order or protective order. No, the fact that you are innocent is not much of a protection because 1) the ex parte nature of restraining or protective order means that it is issued without notice to you; and 2) although courts will not admit it, they rarely analyze the truth of the allegations in the request for an ex parte restraining or protective orderin favor of issuing the orders on a "better safe than sorry" or "abundance of caution" basis. You can, however, dispute and contest the issuance of an ex parte restraining order protective order, as long as you act quickly and with in the deadlines under the law. Get to a good divorce lawyer immediately to find out what options you may still have available to. Go now. No, really. Stop reading this and go see a good lawyer now.
Answered on Sep 09th, 2013 at 8:47 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Yes, it does put you out.
Answered on Sep 09th, 2013 at 7:17 AM

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Look at the paperwork you received. It will tell you what you can do.
Answered on Sep 06th, 2013 at 10:05 AM

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In order for the restraining order to be valid a court would have to have jurisdiction over the parties. So if the divorce is not filed yet and the restraining order is a family law matter and not a criminal restraining order then there is no jurisdiction until the divorce is filed. You should consult a family law attorney. It may be in your best interest to file divorce first and seek a temporary order allowing you to reside in the house.
Answered on Sep 06th, 2013 at 7:55 AM

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If the order requires you to leave then you must leave otherwise you are violating a court order. You can ask the court to set aside the order, however.
Answered on Sep 06th, 2013 at 5:24 AM

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